IICalendar No. 417112th CONGRESS2d SessionS. 3241[Report No.
112–172]IN THE SENATE OF THE UNITED
STATESMay 24, 2012Mr. Leahy, from the
Committee on
Appropriations, reported the following original bill; which
was read twice and placed on the calendarA BILLMaking appropriations for the Department of
State, foreign operations, and related programs for the fiscal year ending
September 30, 2013, and for other purposes.That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the Department
of State, foreign operations, and related programs for the fiscal year ending
September 30, 2013, and for other purposes, namely:IDepartment of State and Related
AgencyDepartment of
stateAdministration of foreign
affairsDiplomatic and consular
programs(including transfer of funds)For necessary expenses of the Department of
State and the Foreign Service not otherwise provided for,
$7,437,468,000, of which up to
$1,428,468,000 is for Worldwide Security
Protection (to remain available until expended):
Provided, That funds made available
under this heading shall be allocated as follows:(1)Human resourcesFor necessary expenses for training, human
resources management, and salaries, including employment without regard to
civil service and classification laws of persons on a temporary basis (not to
exceed $700,000), as authorized by section 801
of the United States Information and Educational Exchange Act of 1948,
$2,448,702,000, to remain available until
September 30, 2014, of which not less than
$132,311,000 shall be available only for public
diplomacy American salaries, and up to
$218,110,000 is for Worldwide Security
Protection and shall remain available until expended.(2)Overseas programsFor necessary expenses for the regional
bureaus of the Department of State and overseas activities as authorized by
law, $2,631,039,000, to remain available until
September 30, 2014, of which not less than
$409,255,000 shall be available only for public
diplomacy international information programs.(3)Diplomatic policy and supportFor necessary expenses for the functional
bureaus of the Department of State, including representation to certain
international organizations in which the United States participates pursuant to
treaties ratified pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms control, nonproliferation
and disarmament activities as authorized,
$892,982,000, to remain available until
September 30, 2014.(4)Security programsFor necessary expenses for security
activities, $1,464,745,000, to remain available
until September 30, 2014, of which up to
$1,210,358,000 is for Worldwide Security
Protection and shall remain available until expended.(5)Fees and payments collectedIn addition to amounts otherwise made
available under this heading—(A)as authorized by section 810 of the United
States Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other payments received from
English teaching, library, motion pictures, and publication programs and from
fees from educational advising and counseling and exchange visitor programs;
and(B)not to exceed
$15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities.(6)Transfer, reprogramming, and other
matters(A)Notwithstanding any provision of this Act,
funds may be reprogrammed within and between subsections under this heading
subject to section 7015 of this Act.(B)Of the amount made available under this
heading, not to exceed $10,000,000 may be
transferred to, and merged with, funds made available by this Act under the
heading Emergencies in the Diplomatic and Consular Service, to
be available only for emergency evacuations and rewards, as authorized.(C)Funds appropriated under this heading are
available for acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to 31 U.S.C. 1108(g), for the field
examination of programs and activities in the United States funded from any
account contained in this title.(D)Of the funds appropriated under this
heading, up to $56,500,000, to remain available
until expended, may be transferred to, and merged with, funds previously made
available under the heading Conflict Stabilization Operations in
title I of prior acts making appropriations for the Department of State,
foreign operations and related programs.(E)Of the funds appropriated under this
heading, not more than $570,763,000 may be made
available for Department of State operations in Afghanistan, not more than
$29,970,000 may be made available for such
operations in Pakistan, and not more than
$250,000,000 may be made available for such
operations in Iraq.capital investment fund For necessary expenses of the Capital
Investment Fund, $90,000,000, to remain
available until expended, as authorized:
Provided, That section 135(e) of
Public Law 103–236 shall not apply to funds available under this
heading.Office of inspector generalFor necessary expenses of the Office of
Inspector General, $67,000,000, notwithstanding
section 209(a)(1) of the Foreign Service Act of
1980 (Public Law 96–465), as it relates to post
inspections.Educational and cultural exchange
programsFor expenses of
educational and cultural exchange programs, as authorized,
$625,000,000, to remain available until
expended:
Provided, That not to exceed
$5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other payments received from
or in connection with English teaching, educational advising and counseling
programs, and exchange visitor programs as authorized.Representation expensesFor representation expenses as authorized,
$7,300,000.Protection of foreign missions and
officialsFor expenses, not
otherwise provided, to enable the Secretary of State to provide for
extraordinary protective services, as authorized,
$35,000,000, to remain available until September
30, 2014.Embassy security, construction, and
maintenanceFor necessary
expenses for carrying out the Foreign Service Buildings Act of 1926 (22 U.S.C.
292–303), preserving, maintaining, repairing, and planning for buildings that
are owned or directly leased by the Department of State, renovating, in
addition to funds otherwise available, the Harry S Truman Building, and
carrying out the Diplomatic Security Construction Program as authorized,
$948,925,000, to remain available until expended
as authorized, of which not to exceed $7,500 may
be used for domestic and overseas representation expenses as authorized:
Provided, That none of the funds
appropriated in this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.In addition, for the costs of worldwide
security upgrades, acquisition, and construction as authorized,
$688,799,000, to remain available until
expended:
Provided, That not later than 45
days after enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made available
under this heading and the actual and anticipated proceeds of sales for all
projects in fiscal year 2013.Emergencies in the diplomatic and consular
service(including transfer of funds)For necessary expenses to enable the
Secretary of State to meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $9,500,000, to remain
available until expended as authorized, of which not to exceed
$1,000,000 may be transferred to, and merged
with, funds appropriated by this Act under the heading Repatriation
Loans Program Account, subject to the same terms and
conditions.Repatriation loans program
account(including transfer of funds)For the cost of direct loans,
$1,800,000, as authorized, of which
$711,000 may be made available for
administrative expenses necessary to carry out the direct loan program and may
be paid to Diplomatic and Consular Programs:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974.payment to the american institute in
taiwanFor necessary expenses
to carry out the Taiwan Relations Act (Public Law 96–8),
$37,200,000.Payment to the foreign service retirement
and disability fundFor
payment to the Foreign Service Retirement and Disability Fund, as authorized,
$158,900,000.international
organizationscontributions to international
organizationsFor necessary
expenses, not otherwise provided for, to meet annual obligations of membership
in international multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions or specific Acts
of Congress, $1,389,737,000:
Provided, That the Secretary of
State shall, at the time of the submission of the President's budget to
Congress under section 1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget prepared by the
United Nations for the operations of the United Nations:
Provided further, That
the Secretary of State shall notify the Committees on Appropriations at least
15 days in advance (or in an emergency, as far in advance as is practicable) of
any United Nations action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the United Nations
budget:
Provided further, That
the Secretary of State shall report to the Committees on Appropriations not
later than May 1, 2013, on any credits available to the United States from the
United Nations Tax Equalization Fund (TEF) and provide updated fiscal year 2014
assessment costs including offsets from available TEF credits and updated
foreign currency exchange rates:
Provided further, That
any such credits shall only be available for United States assessed
contributions to the United Nations and shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That
any payment of arrearages under this heading shall be directed toward
activities that are mutually agreed upon by the United States and the
respective international organization:
Provided further, That
none of the funds appropriated under this heading shall be available for a
United States contribution to an international organization for the United
States share of interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984, through
external borrowings.contributions for international
peacekeeping activitiesFor
necessary expenses to pay assessed and other expenses of international
peacekeeping activities directed to the maintenance or restoration of
international peace and security,
$2,006,500,000, of which 15 percent shall remain
available until September 30, 2014:
Provided, That none of the funds
made available by this Act shall be obligated or expended for any new or
expanded United Nations peacekeeping mission unless, at least 15 days in
advance of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency as far in advance as is practicable), the
Committees on Appropriations are notified: (1) of the estimated cost and
duration of the mission, the national interest that will be served, and the
exit strategy; (2) that the United Nations has taken necessary measures to
prevent United Nations employees, contractor personnel, and peacekeeping troops
serving in the mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation or other
violations of human rights, and to bring to justice individuals who engage in
such acts while participating in the peacekeeping mission, including
prosecution in their home countries of such individuals in connection with such
acts, and to make information about such cases publicly available in the
country where an alleged crime occurs and on the United Nations’ Web site; and
(3) pursuant to section 7015 of this Act, and the procedures therein followed,
setting forth the source of funds that will be used to pay the cost of the new
or expanded mission:
Provided further, That
funds shall be available for peacekeeping expenses unless the Secretary of
State determines that American manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign manufacturers and
suppliers:
Provided further, That
the Secretary of State shall work with the United Nations and governments
contributing peacekeeping troops to implement effective vetting procedures to
ensure that such troops have not violated human rights:
Provided further, That
none of the funds appropriated or otherwise made available under this heading
may be used for any United Nations peacekeeping mission that will involve
United States Armed Forces under the command or operational control of a
foreign national, unless the President’s military advisors have submitted to
the President a recommendation that such involvement is in the national
interests of the United States and the President has submitted to the Congress
such a recommendation:
Provided further, That
notwithstanding any other provision of law, funds appropriated or otherwise
made available under this heading shall be available for United States assessed
contributions up to the amount specified in the Annex contained in United
Nations General Assembly document A/64/220/Add.1 for the period ending December
31, 2012, and in the next approved United Nations General Assembly Resolution
regarding the scale of assessments for United Nations peacekeeping operations
for the period beginning January 1, 2013:
Provided further, That
the Secretary of State shall report to the Committees on Appropriations not
later than May 1, 2013, of any credits available to the United States resulting
from United Nations peacekeeping missions or the United Nations Tax
Equalization Fund:
Provided further, That
any such credits shall only be available for United States assessed
contributions to the United Nations and shall be subject to the regular
notification procedures of the Committees on
Appropriations.International CommissionsFor necessary expenses, not otherwise
provided for, to meet obligations of the United States arising under treaties,
or specific Acts of Congress, as follows:International boundary and water
commission, united states and mexicoFor necessary expenses for the United States
Section of the International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States Section,
including not to exceed $1,000 for
representation expenses; as follows:Salaries and expensesFor salaries and expenses, not otherwise
provided for,
$46,700,000.ConstructionFor detailed plan preparation and
construction of authorized projects,
$31,500,000, to remain available until expended,
as authorized.American sections, international
commissionsFor necessary
expenses, not otherwise provided, for the International Joint Commission and
the International Boundary Commission, United States and Canada, as authorized
by treaties between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by Public Law 103–182,
$13,500,000:
Provided, That of the amount
provided under this heading for the International Joint Commission,
$5,000 may be made available for representation
expenses.International fisheries
commissionsFor necessary
expenses for international fisheries commissions, not otherwise provided for,
as authorized by law, $40,700,000:
Provided, That the United States
share of such expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.related
agencyBroadcasting board of
governorsInternational broadcasting
operationsFor necessary
expenses to enable the Broadcasting Board of Governors (BBG), as authorized, to
carry out international communication activities, and to make and supervise
grants for radio and television broadcasting to the Middle East,
$724,200,000:
Provided, That funds appropriated
under this heading shall be made available to expand unrestricted access to
information on the Internet through the development and use of circumvention
and secure communication technologies:
Provided further, That
the BBG shall coordinate the development and use of such technologies with the
Secretary of State, as appropriate:
Provided further, That
not later than 180 days after enactment of this Act, the BBG shall submit to
the Committees on Appropriations a report on how the BBG’s multiyear strategy
and fiscal year 2013 budget reflect input from the Department of State and
other relevant Federal agencies regarding regional priorities supporting United
States national interests:
Provided further,
That of the total amount appropriated under this heading, not to exceed
$35,000 may be used for representation expenses,
of which $10,000 may be used for representation
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses
of Radio Free Europe/Radio Liberty:
Provided further, That
the authority provided by section 504(c) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 6206 note) shall remain in
effect through September 30, 2013:
Provided further, That
the BBG shall notify the Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast entities, including its
grantee organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation of the
principles and standards set forth in subsections (a) and (b) of section 303 of
the United States International Broadcasting Act of 1994 (22 U.S.C. 6202) or
the entity’s journalistic code of ethics:
Provided further, That
significant modifications to BBG broadcast hours previously justified to
Congress, including changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all BBG language services shall be
subject to the regular notification procedures of the Committees on
Appropriations:
Provided further, That
in addition to funds made available under this heading, and notwithstanding any
other provision of law, up to $2,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating
international organizations, and up to
$1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out authorized
purposes.Broadcasting capital
improvementsFor the purchase,
rent, construction, and improvement of facilities for radio and television
transmission and reception, and purchase and installation of necessary
equipment for radio and television transmission and reception, including to
Cuba, as authorized, $8,850,000, to remain
available until expended, as authorized.Related
programsThe asia foundationFor a grant to The Asia Foundation, as
authorized by The Asia Foundation Act (22 U.S.C. 4402),
$17,000,000, to remain available until expended,
as authorized.United States Institute of
PeaceFor necessary expenses
of the United States Institute of Peace, as authorized by the United States
Institute of Peace Act, $38,225,000, to remain
available until September 30, 2014, which shall not be used for construction
activities.Center for Middle Eastern-Western Dialogue
Trust FundFor necessary
expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as
authorized by section 633 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such Fund on or
before September 30, 2013, to remain available until
expended.Eisenhower exchange fellowship
programFor necessary expenses
of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4
and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205),
all interest and earnings accruing to the Eisenhower Exchange Fellowship
Program Trust Fund on or before September 30, 2013, to remain available until
expended:
Provided, That none of the funds
appropriated herein shall be used to pay any salary or other compensation, or
to enter into any contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A–110 (Uniform Administrative Requirements) and A–122 (Cost
Principles for Non-profit Organizations), including the restrictions on
compensation for personal services.Israeli arab scholarship
programFor necessary expenses
of the Israeli Arab Scholarship Program, as authorized by section 214 of the
Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing
to the Israeli Arab Scholarship Fund on or before September 30, 2013, to remain
available until expended.International CenterNot to exceed
$1,806,600 shall be derived from fees collected
from other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International Center
Act, and in addition, as authorized by section 5 of such Act,
$5,970,150, to be derived from the reserve
authorized by such section, to be used for the purposes set out in such section
and for development, maintenance, and security of additional properties for use
as an International Center by foreign governments or international
organizations.East-West centerTo enable the Secretary of State to provide
for carrying out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in the State of
Hawaii, $16,700,000:
Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter into any contract
providing for the payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.national endowment for
democracyFor grants made by
the Department of State to the National Endowment for Democracy, as authorized
by the National Endowment for Democracy Act,
$236,000,000, to remain available until
expended, of which $200,000,000 shall be
allocated in the traditional and customary manner, including for the core
institutes, and $36,000,000 shall be for
democracy, human rights, and rule of law
programs.other
commissionscommission for the preservation of
america’s heritage abroadsalaries and expensesFor necessary expenses for the Commission
for the Preservation of America’s Heritage Abroad,
$634,000, as authorized by section 1303 of
Public Law 99–83.United states commission on international
religious freedomSalaries and expensesFor necessary expenses for the United States
Commission on International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105–292), as amended,
$3,250,000, including not more than
$3,000 for representation expenses, to remain
available until September 30, 2014.Commission on Security and Cooperation in
EuropeSalaries and expensesFor necessary expenses of the Commission on
Security and Cooperation in Europe, as authorized by Public Law 94–304,
$2,579,000, including not more than
$3,000 for representation expenses, to remain
available until September 30, 2014.Congressional-Executive Commission on the
People's Republic of ChinaSalaries and expensesFor necessary expenses of the
Congressional-Executive Commission on the People's Republic of China, as
authorized by title III of the U.S.-China Relations Act of 2000 (22 U.S.C.
6911–6919), $1,996,000, including not more than
$500 for representation expenses, to remain
available until September 30, 2014.United States-China Economic and Security
Review Commissionsalaries and expensesFor necessary expenses of the United
States-China Economic and Security Review Commission, as authorized by section
1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (22 U.S.C. 7002), $3,493,000, including not
more than $2,500 for representation expenses, to
remain available until September 30, 2014:
Provided, That the authorities,
requirements, limitations, and conditions contained in the second through sixth
provisos under this heading in division F of Public Law 111–117 shall continue
in effect during fiscal year 2013 and shall apply to funds appropriated under
this heading as if included in this Act.IIUnited states agency for international
developmentFunds appropriated to the
presidentOperating
expenses(including transfer of funds)For necessary expenses to carry out the
provisions of section 667 of the Foreign Assistance Act of 1961,
$1,281,100,000, to remain available until
September 30, 2014, of which not more than
$137,000,000 may be made available for United
States Agency for International Development (hereinafter in this Act
USAID) operations in Afghanistan, not more than
$37,000,000 may be made available for such
operations in Pakistan, and not more than
$12,000,000 may be made available for such
operations in Iraq:
Provided, That 10 percent of the
funds appropriated under this heading may not be obligated until the USAID
Administrator submits to the Committees on Appropriations a comprehensive
review of the Agency’s policies and practices with respect to unsolicited and
small grant proposals, and university and private sector partnership
solicitations, and such review shall include specific recommendations for
improving access to information for, and consideration of, such proposals and
solicitations:
Provided further, That
none of the funds appropriated under this heading and under the heading
Capital Investment Fund in this title may be made available to
finance the construction (including architect and engineering services),
purchase, or long-term lease of offices for use by USAID, unless the USAID
Administrator has identified such proposed use of funds in a report submitted
to the Committees on Appropriations at least 15 days prior to the obligation of
funds for such purposes:
Provided further, That
contracts or agreements entered into with funds appropriated under this heading
during fiscal year 2014 may entail commitments for the expenditure of such
funds through the following fiscal year:
Provided further, That
any decision to open a new or reorganized USAID mission, bureau, center, or
office or, except where there is a substantial security risk to mission
personnel, to close or significantly reduce the number of personnel of any such
mission or office, shall be subject to the regular notification procedures of
the Committees on Appropriations:
Provided further, That
the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may
be exercised by the Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to Operating Expenses in
accordance with the provisions of those sections:
Provided further,
That any reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less,
between the cost categories in the table included under this heading in the
report accompanying this Act, and any new administrative initiative not
specifically justified in USAID's fiscal year 2013 Congressional Budget
Justification shall be subject to the regular notification procedures of the
Committees on Appropriations:
Provided further, That
of the funds appropriated or made available under this heading, not to exceed
$200,000 may be available for representation and
entertainment expenses, of which not to exceed
$5,000 may be available for entertainment
expenses, for USAID during the current fiscal
year.Capital investment fundFor necessary expenses for overseas
construction and related costs, and for the procurement and enhancement of
information technology and related capital investments, pursuant to section 667
of the Foreign Assistance Act of 1961,
$140,000,000, to remain available until
expended:
Provided, That this amount is in
addition to funds otherwise available for such purposes:
Provided further, That
funds appropriated under this heading shall be available for obligation only
pursuant to the regular notification procedures of the Committees on
Appropriations.Office of inspector generalFor necessary expenses to carry out the
provisions of section 667 of the Foreign
Assistance Act of 1961, $51,000,000,
to remain available until September 30, 2014, which sum shall be available for
the Office of Inspector General, USAID.IIIbilateral economic assistancefunds appropriated to the
presidentFor necessary
expenses to enable the President to carry out the provisions of the Foreign
Assistance Act of 1961, and for other purposes, as
follows:Global health
programsFor necessary expenses to carry out the
provisions of chapters 1 and 10 of part I of the
Foreign Assistance Act of 1961, for
global health activities, in addition to funds otherwise available for such
purposes, $2,928,968,000, to remain available
until September 30, 2014, and which shall be apportioned directly to USAID:
Provided, That this amount shall be
made available for training, equipment, and technical assistance to build the
capacity of public health institutions and organizations in developing
countries, and for such activities as: (1) child survival and maternal health
programs; (2) immunization and oral rehydration programs; (3) other health,
nutrition, water and sanitation programs which directly address the needs of
mothers and children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS, tuberculosis,
polio, malaria, and other infectious diseases including neglected tropical
diseases, and for assistance to communities severely affected by HIV/AIDS,
including children infected or affected by AIDS; and (6) family
planning/reproductive health:
Provided further, That
funds appropriated under this paragraph may be made available for a United
States contribution to the GAVI Alliance:
Provided further,
That none of the funds made available in this Act nor any unobligated balances
from prior appropriations Acts may be made available to any organization or
program which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or involuntary
sterilization:
Provided further, That
any determination made under the previous proviso must be made not later than 6
months after the date of enactment of this Act, and must be accompanied by the
evidence and criteria utilized to make the determination:
Provided further, That
none of the funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to motivate or coerce
any person to practice abortions:
Provided further, That
nothing in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign Assistance Act
of 1961:
Provided further, That
none of the funds made available under this Act may be used to lobby for or
against abortion:
Provided further, That
the eighth and ninth provisos under this heading in the Consolidated
Appropriations Act, 2012 (Public Law 112–74) shall apply to funds appropriated
under this heading in this Act:
Provided further, That
for purposes of this or any other Act authorizing or appropriating funds for
the Department of State, foreign operations, and related programs, the term
motivate, as it relates to family planning assistance, shall not
be construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options:
Provided further, That
information provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and failure rates of such
use.In addition, for necessary expenses to carry
out the provisions of the Foreign Assistance Act of 1961 for the prevention,
treatment, and control of, and research on, HIV/AIDS,
$5,550,000,000, to remain available until
September 30, 2017, which shall be apportioned directly to the Department of
State:
Provided, That the annual report
required by section 104A(f) of the Foreign Assistance Act of 1961, which report
shall be submitted hereafter, as well, to the Committees on Appropriations,
shall include for each regional and bilateral partnership framework country a
description of the transition strategy for each such country within the
President’s Emergency Plan for AIDS Relief, including details on the host
country and/or multilateral organization capacity to sustain the achievements
of United States-funded HIV/AIDS and related programs: Provided further, That funds
appropriated under this paragraph may be made available, notwithstanding any
other provision of law, except for the United States Leadership Against
HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108–25), as amended,
for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis
and Malaria (Global Fund), and shall be expended at the minimum rate necessary
to make timely payment for projects and activities:
Provided further, That
the amount of such contribution should be
$1,650,000,000:
Provided further, That
up to 5 percent of the aggregate amount of funds made available to the Global
Fund in fiscal year 2013 may be made available to USAID for technical
assistance related to the activities of the Global Fund:
Provided further, That
of the funds appropriated under this paragraph, up to
$14,250,000 may be made available, in addition
to amounts otherwise available for such purposes, for administrative expenses
of the Office of the United States Global AIDS
Coordinator.Development assistanceFor necessary expenses to carry out the
provisions of sections 103, 105, 106, 214, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance
Act of 1961, $3,050,000,000, to
remain available until September 30, 2014:
Provided, That of the funds
appropriated under this heading, $23,000,000
shall be made available for the American Schools and Hospitals Abroad program,
and not less than $10,000,000 shall be made
available for USAID cooperative development programs within the Office of
Private and Voluntary Cooperation.International disaster
assistanceFor necessary
expenses to carry out the provisions of section 491 of the
Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and reconstruction assistance,
$1,250,000,000, to remain available until
expended.Transition initiativesFor necessary expenses for international
disaster rehabilitation and reconstruction assistance pursuant to section 491
of the Foreign Assistance Act of 1961,
$59,000,000, to remain available until expended,
to support transition to democracy and to long-term development of countries in
crisis:
Provided, That such support may
include assistance to develop, strengthen, or preserve democratic institutions
and processes, revitalize basic infrastructure, and foster the peaceful
resolution of conflict:
Provided further, That
USAID shall submit a report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance:
Provided further, That
if the Secretary of State determines that it is important to the national
interests of the United States to provide transition assistance in excess of
the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the authorities applicable
to funds appropriated under this heading:
Provided further, That
funds made available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on
Appropriations.complex crises
fund(including transfer of funds)For necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 to enable the USAID
Administrator, in consultation with the Secretary of State, to support programs
and activities to prevent or respond to emerging or unforeseen complex crises
overseas, $50,000,000, to remain available until
expended:
Provided, That funds appropriated
under this heading may be made available on such terms and conditions as the
USAID Administrator may determine, in consultation with the Committees on
Appropriations, for the purposes of preventing or responding to such crises,
except that no funds shall be made available to respond to natural disasters:
Provided further, That
funds appropriated under this heading may be made available notwithstanding any
other provision of law, except sections 7007, 7008, and 7018 of this Act and
section 620M of the Foreign Assistance Act of 1961, as amended by this Act:
Provided further, That
funds appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations, except that such
notifications shall be transmitted at least 5 days in advance of the obligation
of funds: Provided further,
That up to $10,000,000 of the funds appropriated
under this heading may be transferred to, and merged with, funds appropriated
under the heading Conflict Stabilization Operations in title I
of prior Acts making appropriations for the Department of State, foreign
operations, and related programs.development credit
authority(including transfer of funds)For the cost of direct loans and loan
guarantees provided by USAID, as authorized by sections 256 and 635 of the
Foreign Assistance Act of 1961, up to
$40,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act:
Provided, That funds provided under
this paragraph and funds provided as a gift that are used for purposes of this
paragraph pursuant to section 635(d) of the Foreign Assistance Act of 1961
shall be made available only for micro and small enterprise programs, urban
programs, and other programs which further the purposes of part I of such Act:
Provided further, That
such costs, including the cost of modifying such direct and guaranteed loans,
shall be as defined in section 502 of the Congressional Budget Act of 1974, as
amended:
Provided further, That
funds made available by this paragraph may be used for the cost of modifying
any such guaranteed loans under this Act or prior Acts, and funds used for such
costs shall be subject to the regular notification procedures of the Committees
on Appropriations:
Provided further, That
the provisions of section 107A(d) (relating to general provisions applicable to
the Development Credit Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable to direct loans and
loan guarantees provided under this heading, except that the principal amount
of loans made or guaranteed under this heading with respect to any single
country shall not exceed $300,000,000:
Provided further, That
these funds are available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to
$750,000,000.In addition, for administrative expenses to
carry out credit programs administered by USAID,
$8,200,000, which may be transferred to, and
merged with, funds made available under the heading Operating
Expenses in title II of this Act:
Provided, That funds made available
under this heading shall remain available until September 30,
2015.economic support
fundFor necessary expenses to carry out the
provisions of chapter 4 of part II of the Foreign Assistance Act of 1961,
$4,524,332,000, to remain available until
September 30, 2014:
Provided, That of the funds
appropriated under this heading, $250,000,000
shall be made available for assistance for Egypt, for programs and activities
to reduce poverty and create jobs, strengthen democracy, and protect human
rights, including to implement section 7041(b)(3) of this Act, and including
not less than $35,000,000 for education programs
of which not less than $10,000,000 is for
scholarships at not-for-profit institutions for Egyptian students with high
financial need:
Provided further, That
funds appropriated under this heading that are made available for assistance
for Cyprus shall be used only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed at reunification
of the island and designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus:
Provided further, That
of the funds made available for assistance for Lebanon under this heading,
$12,000,000 shall be used for scholarships at
not-for-profit institutions for students in Lebanon with high financial need:
Provided further, That
of the funds appropriated under this heading, not less than
$410,000,000 shall be available for assistance
for Jordan:
Provided further, That
of the funds appropriated under this heading, not less than
$175,000,000 shall be apportioned directly to
USAID for alternative development/institution building and local governance
programs in Colombia:
Provided further, That
notwithstanding any other provision of law, of the funds appropriated under
this heading, not more than $15,000,000 may be
made available for assistance for Cuba, including for humanitarian assistance,
support for economic reform, private sector initiatives, democracy, and human
rights:
Provided further, That
funds made available for the Southern Caucasus region may be used for
confidence-building measures and other activities in furtherance of the
peaceful resolution of conflicts, including in Nagorno-Karabakh:
Provided further, That
of the funds appropriated under this heading, not less than
$7,000,000 shall be made available for
humanitarian, conflict mitigation, human rights, civil society, and relief and
reconstruction assistance for the North Caucasus:
Provided further, That
after consultation with the Committees on Appropriations and the Secretary of
the Treasury, the Secretary of State may transfer funds made available under
this heading to funds appropriated by this Act under the heading
Multilateral Assistance, Funds Appropriated to the President,
International Financial Institutions for additional payments to such
institutions, facilities, and funds enumerated under such headings:
Provided further, That
funds appropriated under this heading by this Act or prior Acts making
appropriations for the Department of State, foreign operations and related
programs, or under the heading Assistance for Europe, Eurasia and
Central Asia in such prior Acts, may be made available as a
contribution to an endowment in support of efforts to maintain and preserve the
Auschwitz-Birkenau site.Democracy
fundFor necessary expenses to carry out the
provisions of the Foreign Assistance Act of
1961 for the promotion of democracy globally,
$230,000,000, to remain available until
September 30, 2014, of which $136,000,000 shall
be made available for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of State, and
$94,000,000 shall be made available for the
Bureau for Democracy, Conflict, and Humanitarian Assistance, USAID.Middle East and North Africa Incentive
FundFor necessary expenses
for a Middle East and North Africa Incentive Fund to carry out the provisions
of the Foreign Assistance Act of 1961, as amended by this Act,
$1,000,000,000, to remain available until
September 30, 2015, which shall be available, notwithstanding any other
provision of law except section 620M of the Foreign Assistance Act, as amended
by this Act, for assistance and for contributions to promote regional peace and
security and political and economic reform and stability in the Middle East and
North Africa, which shall include programs and activities focused on empowering
women and girls, advancing their stature, protection, and integration into
educational, political, economic, and security sectors of their societies:
Provided, That funds appropriated
under this heading may be made available for scholarships and public diplomacy
programs, including educational and professional exchanges, broadcasting, and
use of the Internet and social media to facilitate communication with and among
the people of the region: Provided
further, That funds appropriated under this heading may be
made available for the costs of direct and guaranteed loans for countries in
the Middle East and North Africa: Provided
further, That such costs, including the cost of modifying
such loans and loan guarantees, shall be as defined in section 502 of the
Congressional Budget Act of 1974, and may include the costs of selling,
reducing, or cancelling any amounts owed to the United States or any agency of
the United States by any country in the Middle East and North Africa: Provided further, That amounts that
are made available under the previous two provisos for the costs of direct
loans, loan guarantees, and modifications shall not be considered assistance
for the purposes of provisions of law limiting assistance to a country: Provided further, That funds
appropriated under this heading may be transferred to, and merged with, funds
appropriated under the heading Contributions for International
Peacekeeping for peacekeeping operations in the Middle East and North
Africa: Provided further, That
funds appropriated under this heading may be transferred to any institution,
fund, or program for which funds are made available under the heading
Multilateral Assistance, Funds Appropriated to the President,
International Financial Institutions for the purposes of this heading:
Provided further,
That up to 5 percent of funds appropriated under this heading may be made
available for administrative expenses of agencies implementing and managing
programs funded under this heading, in addition to funds otherwise available
for such purposes, and such funds may be transferred to, and merged with, funds
under the headings Diplomatic and Consular Programs and
Operating Expenses: Provided
further, That prior to the initial obligation of funds
appropriated under this heading the Secretary of State shall consult with the
Committees on Appropriations.department of
stateMigration and refugee
assistanceFor necessary
expenses not otherwise provided for, to enable the Secretary of State to carry
out the provisions of section 2(a) and (b) of the Migration and Refugee
Assistance Act of 1962, and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as authorized by the
Foreign Service Act of 1980; allowances as authorized by sections 5921 through
5925 of title 5, United States Code; purchase and hire of passenger motor
vehicles; and services as authorized by section 3109 of title 5, United States
Code, $2,300,000,000, to remain available until
expended, of which $15,000,000 shall be made
available for refugees resettling in Israel, and not less than
$35,000,000 shall be made available to respond
to small-scale emergency humanitarian
requirements.united states emergency refugee and
migration assistance fundFor
necessary expenses to carry out the provisions of section 2(c) of the Migration
and Refugee Assistance Act of 1962, as amended (22 U.S.C. 2601(c)),
$50,000,000, to remain available until
expended.independent
agenciesPeace corps(including transfer of funds)For necessary expenses to carry out the
provisions of the Peace Corps Act (22 U.S.C. 2501–2523), including the purchase
of not to exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $400,000,000,
of which $5,000,000 is for the Office of
Inspector General, to remain available until September 30, 2014:
Provided, That the Director of the
Peace Corps (the Director) may transfer to the Foreign Currency Fluctuations
Account, as authorized by 22 U.S.C. 2515, an amount not to exceed
$5,000,000:
Provided further, That
funds transferred pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations:
Provided further, That
of the funds appropriated under this heading, not to exceed
$100,000 may be available for representation
expenses, of which not to exceed $4,000 may be
made available for entertainment expenses:
Provided further, That
any decision to open, close, significantly reduce, or suspend a domestic or
overseas office or country program shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on Appropriations,
except that prior consultation and regular notification procedures may be
waived when there is a substantial security risk to volunteers or other Peace
Corps personnel, pursuant to section 7015(e) of this Act:
Provided further, That
none of the funds appropriated under this heading shall be used to pay for
abortions: Provided further,
That notwithstanding the previous proviso, section 614 of division C of Public
Law 112–74 shall apply to Peace Corps volunteers to the same effect as it
applies to Peace Corps employees.Millennium challenge
corporationFor necessary expenses to carry out the
provisions of the Millennium Challenge Act of 2003 (MCA),
$898,200,000 to remain available until expended:
Provided, That of the funds
appropriated under this heading, up to
$105,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation (the Corporation):
Provided further, That
up to 5 percent of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the MCA for fiscal year
2013:
Provided further, That
section 605(e) of the MCA shall apply to funds appropriated under this heading:
Provided further, That
funds appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA only if such
Compact obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the Compact to
proceed, the entire amount of the United States Government funding anticipated
for the duration of the Compact:
Provided further, That
the Chief Executive Officer of the Corporation shall notify the Committees on
Appropriations not later than 15 days prior to signing any new country compact
or new threshold country program; terminating or suspending any country compact
or threshold country program; or commencing negotiations for any new compact or
threshold country program:
Provided further, That
any funds that are deobligated from a Millennium Challenge Compact shall be
subject to the regular notification procedures of the Committees on
Appropriations prior to re-obligation:
Provided further, That
notwithstanding section 606(a)(2) of the MCA, a country shall be a candidate
country for purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World Bank's lower middle
income country threshold for the fiscal year and is among the 75 lowest per
capita income countries as identified by the World Bank; and the country meets
the requirements of section 606(a)(1)(B) of the MCA:
Provided further, That
notwithstanding section 606(b)(1) of the MCA, in addition to countries
described in the preceding proviso, a country shall be a candidate country for
purposes of eligibility for assistance for the fiscal year if the country has a
per capita income equal to or below the World Bank's lower middle income
country threshold for the fiscal year and is not among the 75 lowest per capita
income countries as identified by the World Bank; and the country meets the
requirements of section 606(a)(1)(B) of the MCA:
Provided further, That
any Millennium Challenge Corporation candidate country under section 606 of the
MCA with a per capita income that changes in the fiscal year such that the
country would be reclassified from a low income country to a lower middle
income country or from a lower middle income country to a low income country
shall retain its candidacy status in its former income classification for the
fiscal year and the 2 subsequent fiscal years:
Provided further, That section 610 of the MCA shall not
apply with respect to the Federal Register:
Provided further, That notwithstanding section 609(j) of the
MCA, a compact may be extended by the Board of the Corporation up to 1 year due
to extraordinary circumstances:
Provided further, That
of the funds appropriated under this heading, not to exceed
$65,000 may be available for representation
expenses.Inter-american foundationFor necessary expenses to carry out the
functions of the Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969,
$23,500,000, to remain available until September
30, 2014:
Provided, That of the funds
appropriated under this heading, not to exceed
$1,000 may be available for representation
expenses.African development
foundationFor necessary
expenses to carry out title V of the International Security and Development
Cooperation Act of 1980 (Public Law 96–533),
$31,000,000, to remain available until September
30, 2014, of which not to exceed $2,000 may be
available for representation expenses:
Provided, That funds made available
to grantees may be invested pending expenditure for project purposes when
authorized by the Board of Directors of the African Development Foundation
(ADF):
Provided further, That
interest earned shall be used only for the purposes for which the grant was
made:
Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the Board of Directors of the ADF may waive the
$250,000 limitation contained in that section
with respect to a project and a project may exceed the limitation by up to 10
percent if the increase is due solely to foreign currency fluctuation:
Provided further, That
the ADF shall provide a report to the Committees on Appropriations after each
time such waiver authority is exercised: Provided
further, That section 503(a) of the African Development
Foundation Act (Public Law 96–533; 22 U.S.C. 290h–1(a)) is hereby amended by
inserting United States before African
Development.department of the
treasuryinternational affairs technical
assistanceFor necessary
expenses to carry out the provisions of section 129 of the Foreign Assistance
Act of 1961, $29,000,000, to remain available
until September 30, 2015, which shall be available notwithstanding any other
provision of law.IVInternational Security AssistanceDepartment of
StateInternational narcotics control and law
enforcementFor necessary expenses to carry out section
481 of the Foreign Assistance Act of 1961,
$1,484,620,000, to remain available until
September 30, 2014:
Provided, That funds made available
under this heading shall be allocated as follows:(1)Counternarcotics programs$214,520,000
for assistance for counternarcotics programs, including supply and demand
reduction, and associated programs:
Provided, That the Department of
State may use the authority of section 608 of the Foreign Assistance Act of
1961, without regard to its restrictions, to receive excess property from an
agency of the United States Government for the purposes of providing such
property to a foreign country or international organization under chapter 8 of
part I of that Act, subject to the regular notification procedures of the
Committees on Appropriations:
Provided further,
That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made available
notwithstanding such section shall be subject to the regular notification
procedures of the Committees on Appropriations:
Provided further,
That of the funds appropriated under this heading and under the heading
Foreign Military Financing Program that are available for police
and military forces in Mexico and Central and South America, not less than
$10,000,000 shall be available for assistance
for civilians who suffer harm as a result of counternarcotics, anti-crime, and
counterinsurgency operations by such forces, except that such funds shall be
matched by sources other than the Government of the United States.(2)Civilian judicial and security
programs$899,600,000
for assistance for rule of law, justice, corrections, anti-crime, cyber crime,
civilian police, and security sector reform programs, of which not less than
$5,000,000 shall be made available to combat
piracy of United States copyright materials, consistent with the requirements
of section 688 (a) and (b) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public Law 110–161):
Provided, That the reporting
requirements contained in section 1404 of Public Law 110–252 shall apply to
funds made available by this Act, including a description of modifications, if
any, to the security strategy of the Palestinian Authority:
Provided further,
That funds appropriated under this heading shall be made available for
interagency rule of law training programs.(3)Aviation$243,000,000
for expenses relating to the cost of purchasing, leasing, maintaining, and the
disposition of aircraft, and including aircraft used in counternarcotics
programs:
Provided, That not later than 60
days after enactment of this Act, the Secretary of State shall submit a report
to the Committees on Appropriations detailing the number of aircraft purchased
and leased by the Department of State in previous fiscal year, and the costs of
storing and maintaining such aircraft.(4)Administrative expenses$127,500,000
for administrative expenses, including the costs associated with the hiring of
contractors:
Provided, That not later than 180
days after enactment of this Act, the Secretary of State shall submit a report
to the Committees on Appropriations detailing the number of personnel,
including contractors, hired by funds made available under this paragraph, and
a description of the job to be performed.(5)Reprogramming and other matters(A)Notwithstanding any provision of this Act,
funds may be reprogrammed between subsections under this heading subject to
section 7015 of this Act.(B)Notwithstanding any other provision of law,
the concurrence of the Secretary of State shall be required for the provision
of assistance under section 1033 of Public Law 105–85, as amended, and for the
provision of any other assistance which is comparable to assistance made
available under this heading but which is provided by any other Federal
department or agency under any other provision of law, including assistance to
support counternarcotics and anti-crime activities of a foreign government and
for any foreign law enforcement agency for such purposes.(C)The Secretary of State shall provide to the
Committees on Appropriations not later than 45 days after enactment of this Act
and prior to the initial obligation of funds appropriated under this heading, a
report on the proposed uses of all funds under this heading on a
country-by-country basis for each proposed program, project, or
activity.Nonproliferation, anti-terrorism, demining
and related programsFor
necessary expenses for nonproliferation, anti-terrorism, demining and related
programs and activities, $635,668,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the destruction of small
arms, and related activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961 for a
voluntary contribution to the International Atomic Energy Agency (IAEA), and
for a United States contribution to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission:
Provided, That for the clearance of
unexploded ordnance, the Secretary of State should prioritize those areas where
such ordnance was caused by the United States:
Provided further,
That funds made available under this heading for the Nonproliferation and
Disarmament Fund shall be available notwithstanding any other provision of law
and subject to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament and weapons destruction,
and shall remain available until expended:
Provided further, That
such funds may also be used for such countries other than the Independent
States of the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so:
Provided further, That
funds appropriated under this heading may be made available for the IAEA unless
the Secretary of State determines that Israel is being denied its right to
participate in the activities of that Agency:Provided further, That funds
appropriated under this heading may be made available for public-private
partnerships for conventional weapons and mine action by grant, cooperative
agreement or contract:
Provided further, That
notwithstanding any other provision of law, funds appropriated under this
heading in prior Acts that were previously notified to the Committees on
Appropriations for programs in Asia but that remain unobligated on the date of
enactment of this Act, shall be subject to the regular notification procedures
of the Committees on Appropriations prior to obligation:
Provided further, That
funds made available for demining and related activities, in addition to funds
otherwise available for such purposes, may be used for administrative expenses
related to the operation and management of the demining program:
Provided further, That
funds appropriated under this heading that are available for
Anti-terrorism Assistance and Export Control and Border
Security shall remain available until September 30, 2014.In addition, for assistance for
unanticipated nonproliferation, demining, and anti-terrorism programs in the
Near East and other regions, $60,000,000, to
remain available until expended.Peacekeeping operationsFor necessary expenses to carry out the
provisions of section 551 of the Foreign Assistance Act of 1961,
$391,100,000:
Provided, That funds appropriated
under this heading may be used, notwithstanding section 660 of such Act, to
provide assistance to enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping operations:
Provided further, That
of the funds appropriated under this heading,
$28,000,000 shall be made available for a United
States contribution to the Multinational Force and Observers mission in the
Sinai:
Provided further, That
of the funds appropriated under this heading, up to
$142,000,000 may be used to pay assessed
expenses of international peacekeeping activities in Somalia and shall be
available until September 30, 2014:
Provided further, That
funds appropriated under this Act should not be used to support any military
training or operations that include child soldiers:
Provided further, That
none of the funds appropriated under this heading shall be obligated or
expended except as provided through the regular notification procedures of the
Committees on Appropriations.funds appropriated to the
presidentinternational military education and
trainingFor necessary
expenses to carry out the provisions of section 541 of the Foreign Assistance
Act of 1961, $103,018,000, of which up to
$4,000,000 may remain available until September
30, 2014, and may only be provided through the regular notification procedures
of the Committees on Appropriations:
Provided, That the civilian
personnel for whom military education and training may be provided under this
heading may include civilians who are not members of a government whose
participation would contribute to improved civil-military relations, civilian
control of the military, or respect for human rights:
Provided further, That
the Secretary of State shall provide to the Committees on Appropriations, not
later than 45 days after enactment of this Act, a report on the proposed uses
of all program funds under this heading on a country-by-country basis,
including a detailed description of proposed activities:
Provided further, That
of the funds appropriated under this heading, not to exceed
$20,000 may be available for entertainment
expenses.Foreign military financing
programFor necessary expenses for grants to enable
the President to carry out the provisions of section 23 of the Arms Export
Control Act, $5,849,820,000:
Provided, That to expedite the
provision of assistance to foreign countries and international organizations,
the Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading to procure
defense articles and services to enhance the capacity of foreign security
forces:
Provided further, That
of the funds appropriated under this heading, not less than
$3,100,000,000 shall be available for grants
only for Israel, and $1,300,000,000 shall be
available for grants only for Egypt:
Provided further, That
the funds appropriated under this heading for assistance for Israel shall be
disbursed within 30 days of enactment of this Act:
Provided further, That
to the extent that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel under this heading shall, as
agreed by the United States and Israel, be available for advanced weapons
systems, of which not less than $815,300,000
shall be available for the procurement in Israel of defense articles and
defense services, including research and development:
Provided further, That
of the funds appropriated under this heading,
$300,000,000 shall be made available for
assistance for Jordan:
Provided further, That
funds appropriated by this Act should not be made available and no defense
export license should be issued for tear gas, armored vehicles, small arms,
light weapons, ammunition, or other items for crowd control purposes, to the
security forces of a foreign country undergoing democratic transition, unless
the Secretary of State notifies the Committees on Appropriations that such
forces have not repeatedly used excessive force to repress peaceful, lawful,
and organized dissent:
Provided further, That
none of the funds made available under this heading shall be made available to
support or continue any program initially funded under the authority of section
1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109–163; 119 Stat. 3456) unless the Secretary of State, in coordination with
the Secretary of Defense, has justified such program to the Committees on
Appropriations:
Provided further, That
funds appropriated or otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of the Arms Export
Control Act:
Provided further, That
funds made available under this heading shall be obligated upon apportionment
in accordance with paragraph (5)(C) of title 31, United States Code, section
1501(a).None of the funds made available under this
heading shall be available to finance the procurement of defense articles,
defense services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the foreign
country proposing to make such procurement has first signed an agreement with
the United States Government specifying the conditions under which such
procurement may be financed with such funds:
Provided, That all country and
funding level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further,
That funds made available under this heading may be used, notwithstanding any
other provision of law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented through
nongovernmental and international organizations:
Provided further, That
only those countries for which assistance was justified for the Foreign
Military Sales Financing Program in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made available
under this heading for procurement of defense articles, defense services or
design and construction services that are not sold by the United States
Government under the Arms Export Control Act:
Provided further, That
funds appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That
not more than $60,000,000 of the funds
appropriated under this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on Appropriations:
Provided further, That
of the funds appropriated under this heading for general costs of administering
military assistance and sales, not to exceed
$10,000 may be available for representation
expenses:
Provided further, That
not more than $885,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated
for expenses incurred by the Department of Defense during fiscal year 2013
pursuant to section 43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular notification procedures of
the Committees on Appropriations.Pakistan counterinsurgency capability
fund(INCLUDING TRANSFER OF FUNDS)For necessary expenses to carry out the
provisions of chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the
Foreign Assistance Act of 1961 and section 23 of the Arms Export Control Act,
$50,000,000, to remain available until September
30, 2013, for the purpose of providing assistance for Pakistan to build and
maintain the counterinsurgency capability of Pakistani security forces
(including the Frontier Corps), to include program management, training in
civil-military humanitarian assistance, human rights training, and the
provision of equipment, supplies, services, training, and facility and
infrastructure repair, renovation, and construction:
Provided, That the terms,
conditions, and authorities contained in the first through sixth provisos under
this heading in title VIII of division I of Public Law 112–74 shall apply to
funds appropriated by this Act under this heading: Provided further, That none of the
funds appropriated under this heading in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs may be made available for obligation unless the Secretary of State
certifies to the Committees on Appropriations that the Government of Pakistan
has reopened overland cargo routes available to support United States and North
Atlantic Treaty Organization troops in Afghanistan, and funds appropriated
under this heading can be used efficiently and effectively by the end of the
fiscal year: Provided further,
That if the Secretary cannot make the certification required in the previous
proviso, funds appropriated by this Act and prior Acts under this heading shall
be transferred to, and merged with, funds appropriated by this Act under the
headings Development Assistance, Economic Support
Fund, Middle East and North Africa Incentive Fund, and
Nonproliferation, Anti-terrorism, Demining and Related
Programs.GLOBAL SECURITY CONTINGENCY
FUNDFor necessary expenses of
the Global Security Contingency Fund, as authorized,
$25,000,000, to remain available until
expended.Vmultilateral assistancefunds appropriated to the
presidentinternational organizations and
programsFor necessary
expenses to carry out the provisions of section 301 of the Foreign Assistance
Act of 1961, and of section 2 of the United Nations Environment Program
Participation Act of 1973, $375,000,000:
Provided, That section 307(a) of
the Foreign Assistance Act of 1961 shall not apply to contributions to the
United Nations Democracy Fund.International financial
institutionsGlobal environment facilityFor payment to the International Bank for
Reconstruction and Development as trustee for the Global Environment Facility
by the Secretary of the Treasury, $139,400,000,
to remain available until expended.Contribution to the international
development associationFor
payment to the International Development Association by the Secretary of the
Treasury, $1,358,500,000, to remain available
until expended.For payment to
the International Development Association by the Secretary of the Treasury for
costs incurred under the Multilateral Debt Relief Initiative,
$50,000,000, to remain available until
expended.CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENTFor payment to the International Bank for
Reconstruction and Development by the Secretary of the Treasury for the United
States share of the paid-in portion of the increases in capital stock,
$186,957,000, to remain available until
expended.LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONsThe United
States Governor of the International Bank for Reconstruction and Development
may subscribe without fiscal year limitation to the callable capital portion of
the United States share of increases in capital stock in an amount not to
exceed
$2,928,990,899.Contribution to the clean technology
fundFor payment to the
International Bank for Reconstruction and Development as trustee for the Clean
Technology Fund by the Secretary of the Treasury,
$300,000,000, to remain available until
expended.Contribution to the strategic climate
fundFor payment to the
International Bank for Reconstruction and Development as trustee for the
Strategic Climate Fund by the Secretary of the Treasury,
$100,000,000, to remain available until
expended.Global agriculture and food security
programFor payment to the
Global Agriculture and Food Security Program by the Secretary of the Treasury,
$200,000,000, to remain available until
expended.Contribution to the inter-american
development bankFor payment
to the Inter-American Development Bank by the Secretary of the Treasury for the
United States share of the paid-in portion of the increase in capital stock,
$113,500,000, to remain available until
expended.LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONSThe United
States Governor of the Inter-American Development Bank may subscribe without
fiscal year limitation to the callable capital portion of the United States
share of such capital stock in an amount not to exceed
$4,098,794,833.Contribution to the Enterprise for the
Americas Multilateral Investment FundFor payment to the Enterprise for the
Americas Multilateral Investment Fund by the Secretary of the Treasury,
$25,726,000, to remain available until
expended.Contribution to the asian development
bankFor payment to the Asian
Development Bank by the Secretary of the Treasury for the United States share
of the paid-in portion of increase in capital stock,
$106,799,000, to remain available until
expended.Limitation on callable capital
subscriptionsThe United
States Governor of the Asian Development Bank may subscribe without fiscal year
limitation to the callable capital portion of the United States share of such
capital stock in an amount not to exceed
$2,558,048,769.Contribution to the asian development
fundFor payment to the Asian
Development Bank’s Asian Development Fund by the Secretary of the Treasury,
$115,250,000, to remain available until
expended.CONTRIBUTION TO THE AFRICAN DEVELOPMENT
BANKFor payment to the
African Development Bank by the Secretary of the Treasury for the United States
share of the paid-in portion of the increase in capital stock,
$32,418,000, to remain available until
expended.For payment to the
African Development Fund by the Secretary of the Treasury for costs incurred
under the Multilateral Debt Relief Initiative,
$15,150,000, to remain available until
expended.LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONSThe United
States Governor of the African Development Bank may subscribe without fiscal
year limitation to the callable capital portion of the United States share of
such capital stock in an amount not to exceed
$507,860,808.Contribution to the african development
fundFor payment to the
African Development Fund by the Secretary of the Treasury,
$195,000,000, to remain available until
expended.Contribution to the international fund for
agricultural developmentFor
payment to the International Fund for Agricultural Development by the Secretary
of the Treasury, $32,243,000, to remain
available until expended.VIExport and Investment AssistanceExport-Import bank of the united
statesInspector generalFor necessary expenses of the Office of
Inspector General in carrying out the provisions of the Inspector General Act
of 1978, as amended, $4,400,000, to remain
available until September 30, 2014.Program accountThe Export-Import Bank of the United States
is authorized to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in accordance with law,
and to make such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out the program for the current fiscal
year for such corporation:
Provided, That none of the funds
available during the current fiscal year may be used to make expenditures,
contracts, or commitments for the export of nuclear equipment, fuel, or
technology to any country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible
to receive economic or military assistance under this Act, that has detonated a
nuclear explosive after the date of the enactment of this Act:
Provided further,
That the loan, guarantee, and insurance authority available to the
Export-Import Bank may not be used to support any coal-fired power plant that
does not meet United States Government emissions requirements for new
coal-fired power plants:
Provided further,
That not less than 10 percent of the aggregate loan, guarantee, and insurance
authority available to the Export-Import Bank under this Act should be used for
renewable energy technologies or end-use energy efficiency technologies:
Provided further,
That notwithstanding section 1(c) of Public Law 103–428, as amended, sections
1(a) and (b) of Public Law 103–428 shall remain in effect through October 1,
2013.Subsidy appropriationFor the cost of direct loans, loan
guarantees, insurance, and tied-aid grants as authorized by section 10 of the
Export-Import Bank Act of 1945, as
amended, not to exceed $38,000,000:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
such funds shall remain available until September 30, 2028, for the
disbursement of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2013, 2014, 2015, and 2016:
Provided further, That
none of the funds appropriated by this Act or any prior Acts appropriating
funds for the Department of State, foreign operations, and related programs for
tied-aid credits or grants may be used for any other purpose except through the
regular notification procedures of the Committees on
Appropriations.administrative expensesFor administrative expenses to carry out the
direct and guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed
$20,000 for official reception and
representation expenses for members of the Board of Directors, not to exceed
$103,900,000:
Provided, That the Export-Import
Bank may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection with any
transaction for which an application for a loan, guarantee or insurance
commitment has been made:
Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement Act of
1992, subsection (a) thereof shall remain in effect until September 30, 2013:
Provided further, That
the Export-Import Bank shall charge fees for necessary expenses (including
special services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other assets
acquired by the Export-Import Bank in satisfaction of moneys owed the
Export-Import Bank, or the investigation or appraisal of any property, or the
evaluation of the legal, financial, or technical aspects of any transaction for
which an application for a loan, guarantee or insurance commitment has been
made, or systems infrastructure directly supporting transactions:
Provided further,
That, in addition to other funds appropriated for administrative expenses, such
fees shall be credited to this account, to remain available until
expended.Receipts collectedReceipts collected pursuant to the
Export-Import Bank Act of 1945, as
amended, and the Federal Credit Reform Act of
1990, as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein
appropriated from the General Fund shall be reduced on a dollar-for-dollar
basis by such offsetting collections so as to result in a final fiscal year
appropriation from the General Fund estimated at
$0:
Provided further, That
amounts collected in fiscal year 2013 in excess of obligations, up to
$50,000,000, shall become available on September
1, 2013, and shall remain available until September 30,
2016.Overseas private investment
corporationNoncredit accountThe Overseas Private Investment Corporation
is authorized to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available
for administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses which
shall not exceed $10,000) shall not exceed
$60,784,000:
Provided further, That
project-specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to section 234
of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for the
purposes of this heading.Program accountFor the cost of direct and guaranteed loans,
$31,000,000, as authorized by section 234 of the
Foreign Assistance Act of 1961, to
be derived by transfer from the Overseas Private Investment Corporation
Noncredit Account:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
such sums shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2013, 2014, and 2015:
Provided further, That
funds so obligated in fiscal year 2013 remain available for disbursement
through 2021; funds obligated in fiscal year 2014 remain available for
disbursement through 2022; and funds obligated in fiscal year 2015 remain
available for disbursement through 2023:
Provided further, That
notwithstanding any other provision of law, the Overseas Private Investment
Corporation is authorized to undertake any program authorized by title IV of
chapter 2 of part I of the Foreign Assistance
Act of 1961 in Iraq:
Provided further, That
funds made available pursuant to the authority of the previous proviso shall be
subject to the regular notification procedures of the Committees on
Appropriations.In addition, such sums as may be necessary
for administrative expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation Noncredit
Account and merged with said account.Trade and development agencyFor necessary expenses to carry out the
provisions of section 661 of the Foreign
Assistance Act of 1961, $57,600,000,
to remain available until September 30, 2014:
Provided, That of the funds
appropriated under this heading, not more than
$2,000 may be available for representation and
entertainment expenses.VIIGeneral Provisionsallowances and
differentials7001.Funds appropriated under title I of this
Act shall be available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States Code;
for services as authorized by 5 U.S.C. 3109; and for hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).Unobligated balances
report7002.Any department or agency of the United
States Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a quarterly
accounting of cumulative unobligated balances and obligated, but unexpended,
balances by program, project, and activity, and Treasury Account Fund Symbol of
all funds received by such department or agency in fiscal year 2013 or any
previous fiscal year, disaggregated by fiscal year:
Provided, That the report
required by this section should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.Consulting
services7003.The expenditure of any appropriation under
title I of this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.construction of diplomatic
facilities7004.(a)Of funds provided under title I of this
Act, except as provided in subsection (b), a project to construct a diplomatic
facility of the United States may not include office space or other
accommodations for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency has not provided
to the Department of State the full amount of funding required by subsection
(e) of section 604 of the Secure Embassy Construction and Counterterrorism Act
of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106–113 and
contained in appendix G of that Act; 113 Stat. 1501A–453), as amended by
section 629 of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.(b)Notwithstanding the prohibition in
subsection (a), a project to construct a diplomatic facility of the United
States may include office space or other accommodations for members of the
United States Marine Corps.(c)For the purposes of calculating the fiscal
year 2013 costs of providing new United States diplomatic facilities in
accordance with section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget, shall
determine the annual program level and agency shares in a manner that is
proportional to the Department of State’s contribution for this purpose.(d)Funds appropriated by this Act, and any
prior Act making appropriations for the Department of State, foreign
operations, and related programs, which may be made available for the
acquisition of property for overseas diplomatic facilities, shall be subject to
prior consultation with, and the regular notification procedures of, the
Committees on Appropriations.(e)Funds appropriated under titles I and II of
this Act that are available for the construction or renovation of facilities in
Afghanistan and Iraq may not be made available if the purpose is to accommodate
staff in addition to those in place or to increase the capacity of aviation
assets above those existing, on the date of enactment of this Act:
Provided, That none of the funds
appropriated by this Act or prior acts making appropriations for the Department
of State, foreign operations, and related programs may be made available for
construction, rehabilitation, or other improvements to facilities in Iraq on
property for which no land-use agreement has been entered into by the
Governments of the United States and Iraq.(f)Not later than 90 days after enactment of
this Act, and every 90 days thereafter until September 30, 2014, the Secretary
of State shall provide to the Committees on Appropriations an updated staffing
plan for each Department of State facility in Afghanistan, a justification for
the continuation of each on-going or planned construction project in
Afghanistan, including the revised number of staff planned for each facility,
and modifications to such construction projects to reflect planned reductions
in staff.(g)Not later than 90 days after enactment of
this Act, and every 90 days thereafter until September 30, 2013, the Secretary
of State shall provide to the Committees on Appropriations an updated plan for
all Department of State construction projects in Iraq, a justification for the
continuation of each such project in light of changes in the scope of United
States activities in Iraq and related reductions in staff, updated cost
estimates for each project and resulting savings, and the proposed use of such
savings.(h)Not later than 180 days after enactment of
this Act, the Secretary of State shall establish policies, standards, and
procedures for the construction and operation of temporary and permanent
diplomatic facilities in environments in which the Department of State does not
traditionally operate or to accommodate temporary surges in personnel and
programs:
Provided, That such guidelines
shall consider cost-effectiveness, including a cost comparison of temporary
versus permanent construction for the projected period the facility will be
required, flexible security requirements, and collocation with other United
States Government agencies, as appropriate:
Provided further, That the Secretary of State shall consult
with the heads of the United States missions in Afghanistan and Iraq, and other
Federal agencies, in developing such policies, standards, and
procedures.Personnel
actions7005.Any costs incurred by a department or
agency funded under title I of this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall be absorbed within
the total budgetary resources available under title I to such department or
agency:
Provided, That the authority to
transfer funds between appropriations accounts as may be necessary to carry out
this section is provided in addition to authorities included elsewhere in this
Act:
Provided further,
That use of funds to carry out this section shall be treated as a reprogramming
of funds under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set forth in
that section.LOCAL GUARD
CONTRACTS7006.In evaluating proposals for local guard
contracts, the Secretary of State shall award contracts in accordance with
section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and
1991 (22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a
cost-technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101) in Iraq, Afghanistan, Pakistan, and other hostile or
high-risk areas notwithstanding subsection (c)(3) of such section:
Provided, That the authority in
this section shall apply to any options for renewal that may be exercised under
such contracts that are awarded during the current fiscal year:
Provided further,
That prior to issuing a solicitation for a contract to be awarded pursuant to
the authority under this section, the Secretary of State shall consult with the
Committees on Appropriations and other relevant congressional
committees.Prohibition against direct funding for
certain countries7007.None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act shall be obligated
or expended to finance directly any assistance or reparations for the
Governments of Cuba, North Korea, Iran, or Syria:
Provided, That for purposes of
this section, the prohibition on obligations or expenditures shall include
direct loans, credits, insurance and guarantees of the Export-Import Bank or
its agents.coups
d'état7008.None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act shall be obligated
or expended to finance directly any assistance to the government of any country
whose duly elected head of government is deposed by military coup d'état or
decree or, after the date of enactment of this Act, a coup d'état or decree in
which the military plays a decisive role:
Provided, That assistance may be
resumed to such government if the President determines and certifies to the
Committees on Appropriations that subsequent to the termination of assistance a
democratically elected government has taken office:
Provided further,
That the provisions of this section shall not apply to assistance to promote
democratic elections or public participation in democratic processes:
Provided further,
That funds made available pursuant to the previous provisos shall be subject to
the regular notification procedures of the Committees on Appropriations.Transfer
authority7009.(a)Department of state and broadcasting board
of governors(1)Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the Department of
State under title I of this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers.(2)Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers.(3)Any transfer pursuant to this section shall
be treated as a reprogramming of funds under subsections (a) and (b) of section
7015 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.(b)Export financing transfer
authoritiesNot to exceed 5
percent of any appropriation other than for administrative expenses made
available for fiscal year 2013, for programs under title VI of this Act may be
transferred between such appropriations for use for any of the purposes,
programs, and activities for which the funds in such receiving account may be
used, but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such transfer:
Provided, That the exercise of
such authority shall be subject to the regular notification procedures of the
Committees on Appropriations.(c)Limitation on transfers between
agencies(1)None of the funds made available under
titles II through V of this Act may be transferred to any department, agency,
or instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or any other
appropriations Act.(2)Notwithstanding paragraph (1), in addition
to transfers made by, or authorized elsewhere in, this Act, funds appropriated
by this Act to carry out the purposes of the Foreign Assistance Act of 1961 and the Arms
Export Control Act may be allocated or transferred to agencies of the United
States Government pursuant to the provisions of sections 109, 610, and 632 of
the Foreign Assistance Act of
1961.(3)Any agreement entered into by USAID or the
Department of State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the Foreign Assistance
Act of 1961 valued in excess of $1,000,000 and
any agreement made pursuant to section 632(a) of such Act, with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings Global Health Programs, Development
Assistance, and Economic Support Fund shall be subject
to the regular notification procedures of the Committees on Appropriations:
Provided, That the requirement in
the previous sentence shall not apply to agreements entered into between USAID
and the Department of State.(d)Transfers between accountsNone of the funds made available under
titles II through V of this Act may be obligated under an appropriation account
to which they were not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days prior to the
exercise of any authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy justification to
the Committees on Appropriations.(e)Audit of inter-Agency
transfersAny agreement for
the transfer or allocation of funds appropriated by this Act, or prior Acts,
entered into between the Department of State or USAID and another agency of the
United States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or
any comparable provision of law, shall expressly provide that the Inspector
General (IG) for the agency receiving the transfer or allocation of such funds,
or other entity with audit responsibility if the receiving agency does not have
an IG, shall perform periodic program and financial audits of the use of such
funds:
Provided, That such audits shall
be transmitted to the Committees on Appropriations:
Provided further,
That funds transferred under such authority may be made available for the cost
of such audits.reporting
requirement7010.The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2013, and for each fiscal
quarter, a report in writing on the uses of funds made available under the
headings Foreign Military Financing Program,
International Military Education and Training,
Peacekeeping Operations, and Pakistan Counterinsurgency
Capability Fund:
Provided, That such report shall
include a description of the obligation and expenditure of funds, and the
specific country in receipt of, and the use or purpose of, the assistance
provided by such funds.Availability of
funds7011.No part of any appropriation contained in
this Act shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act:
Provided, That funds appropriated
for the purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6,
8, and 9 of part II of the Foreign Assistance
Act of 1961, section 23 of the Arms
Export Control Act, and funds provided under the headings
Middle East and North Africa Incentive Fund and
Development Credit Authority, shall remain available for an
additional 4 years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated before the
expiration of their respective periods of availability contained in this Act:
Provided further,
That notwithstanding any other provision of this Act, any funds made available
for the purposes of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 which
are allocated or obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall remain available for an
additional 4 years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially allocated or obligated
before the expiration of their respective periods of availability contained in
this Act:
Provided further,
That the Secretary of State shall provide a report to the Committees on
Appropriations at the beginning of each fiscal year, detailing by account and
source year, the use of this authority during the previous fiscal year.Limitation on assistance to countries in
default7012.No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess of 1
calendar year in payment to the United States of principal or interest on any
loan made to the government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless the President
determines, following consultations with the Committees on Appropriations, that
assistance for such country is in the national interest of the United
States.prohibition on taxation of united states
assistance7013.(a)prohibition on taxationNone of the funds appropriated under titles
III through VI of this Act may be made available to provide assistance for a
foreign country under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided unless such agreement
includes a provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign government, and
the Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.(b)reimbursement of foreign
taxesAn amount equivalent to
200 percent of the total taxes assessed during fiscal year 2013 on funds
appropriated by this Act by a foreign government or entity against commodities
financed under United States assistance programs for which funds are
appropriated by this Act, either directly or through grantees, contractors, and
subcontractors shall be withheld from obligation from funds appropriated for
assistance for fiscal year 2014 and allocated for the central government of
such country and for the West Bank and Gaza program to the extent that the
Secretary of State certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the Government of
the United States.(c)de minimis exceptionForeign taxes of a de minimis nature shall
not be subject to the provisions of subsection (b).(d)reprogramming of fundsFunds withheld from obligation for each
country or entity pursuant to subsection (b) shall be reprogrammed for
assistance to countries which do not assess taxes on United States assistance
or which have an effective arrangement that is providing substantial
reimbursement of such taxes.(e)determinations(1)The provisions of this section shall not
apply to any country or entity the Secretary of State determines—(A)does not assess taxes on United States
assistance or which has an effective arrangement that is providing substantial
reimbursement of such taxes; or(B)the foreign policy interests of the United
States outweigh the purpose of this section to ensure that United States
assistance is not subject to taxation.(2)The Secretary of State shall consult with
the Committees on Appropriations at least 15 days prior to exercising the
authority of this subsection with regard to any country or entity.(f)implementationThe Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the prohibition
against the taxation of assistance contained in this section.(g)definitionsAs used in this section—(1)the terms ‘‘taxes’’ and ‘‘taxation’’ refer
to value added taxes and customs duties imposed on commodities financed with
United States assistance for programs for which funds are appropriated by this
Act; and(2)the term ‘‘bilateral agreement’’ refers to
a framework bilateral agreement between the Government of the United States and
the government of the country receiving assistance that describes the
privileges and immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between the Government of
the United States and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United States assistance
provided under that agreement.(h)reportThe Secretary of State shall submit a
report to the Committees on Appropriations not later than 90 days after the
enactment of this Act detailing steps taken by the Department of State to
comply with the requirements provided in subsections (a) and (f).Reservations of
funds7014.(a)Funds appropriated under titles II through
VI of this Act which are specifically designated may be reprogrammed for other
programs within the same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any provision of this
or any other Act:
Provided, That any such
reprogramming shall be subject to the regular notification procedures of the
Committees on Appropriations:
Provided further,
That assistance that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally provided.(b)In addition to the authority contained in
subsection (a), the original period of availability of funds appropriated by
this Act and administered by USAID that are specifically designated for
particular programs or activities by this or any other Act shall be extended
for an additional fiscal year if the USAID Administrator determines and reports
promptly to the Committees on Appropriations that the termination of assistance
to a country or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period of
availability:
Provided, That such designated
funds that continue to be available for an additional fiscal year shall be
obligated only for the purpose of such designation.(c)Ceilings and specifically designated
funding levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent Act
unless such Act specifically so directs:
Provided, That specifically
designated funding levels or minimum funding requirements contained in any
other Act shall not be applicable to funds appropriated by this Act.Notification
requirements7015.(a)None of the funds made available in title I
of this Act, or in prior appropriations Acts to the agencies and departments
funded by this Act that remain available for obligation or expenditure in
fiscal year 2013, or provided from any accounts in the Treasury of the United
States derived by the collection of fees or of currency reflows or other
offsetting collections, or made available by transfer, to the agencies and
departments funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that—(1)creates new programs;(2)eliminates a program, project, or
activity;(3)increases funds or personnel by any means
for any project or activity for which funds have been denied or
restricted;(4)relocates an office or employees;(5)closes or opens a mission or post;(6)creates, closes, reorganizes, or renames
bureaus, centers, or offices;(7)reorganizes programs or activities;
or(8)contracts out or privatizes any functions
or activities presently performed by Federal employees;unless the
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds:
Provided, That unless previously
justified to the Committees on Appropriations, the requirements of this
subsection shall apply to all obligations of funds appropriated under title I
of this Act for paragraphs (5) and (6) of this subsection.(b)None of the funds provided under title I of
this Act, or provided under previous appropriations Acts to the agency or
department funded under title I of this Act that remain available for
obligation or expenditure in fiscal year 2013, or provided from any accounts in
the Treasury of the United States derived by the collection of fees available
to the agency or department funded under title I of this Act, shall be
available for obligation or expenditure for activities, programs, or projects
through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less,
that—(1)augments existing programs, projects, or
activities;(2)reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or(3)results from any general savings, including
savings from a reduction in personnel, which would result in a change in
existing programs, activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds.(c)None of the funds made available under
titles II through VI and VIII in this Act under the headings Global
Health Programs, Development Assistance,
International Organizations and Programs, Trade and
Development Agency, International Narcotics Control and Law
Enforcement, Economic Support Fund, Democracy
Fund, Middle East and North Africa Incentive Fund,
Peacekeeping Operations, Capital Investment Fund,
Operating Expenses, Office of Inspector General,
Nonproliferation, Anti-terrorism, Demining and Related Programs,
Millennium Challenge Corporation, Foreign Military
Financing Program, International Military Education and
Training, Pakistan Counterinsurgency Capability Fund,
and Peace Corps, shall be available for obligation for
activities, programs, projects, type of materiel assistance, countries, or
other operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days in
advance:
Provided, That the President
shall not enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified 15 days in
advance of such commitment:
Provided further,
That requirements of this subsection or any similar provision of any other Act
shall not apply to any reprogramming for an activity, program, or project for
which funds are appropriated under titles II through VI and VIII of this Act of
less than 10 percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current fiscal
year.(d)Notwithstanding any other provision of law,
with the exception of funds transferred to, and merged with, funds appropriated
under title I of this Act, funds transferred by the Department of Defense to
the Department of State and USAID for assistance for foreign countries and
international organizations, and funds made available for programs authorized
by section 1206 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109–163), shall be subject to the regular notification procedures
of the Committees on Appropriations.(e)The requirements of this section or any
similar provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification procedures
of the Committees on Appropriations, may be waived if failure to do so would
pose a substantial risk to human health or welfare:
Provided, That in case of any
such waiver, notification to the Committees on Appropriations shall be provided
as early as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the context of
the circumstances necessitating such waiver:
Provided further,
That any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.(f)None of the funds appropriated under titles
III, IV, and VIII of this Act shall be obligated or expended for assistance for
Afghanistan, Bahrain, Bangladesh, Burma, Cambodia, Colombia, Cuba, Egypt,
Ethiopia, Guatemala, Haiti, Honduras, Indonesia, Iran, Iraq, Kazakhstan, Kenya,
Libya, Mexico, Nepal, Pakistan, Philippines, the Russian Federation, Serbia,
Somalia, Sri Lanka, South Sudan, Sudan, Syria, Uzbekistan, Yemen, or Zimbabwe
except as provided through the regular notification procedures of the
Committees on Appropriations.notification on excess defense
equipment7016.Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as other
committees pursuant to subsection (f) of that section:
Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such Committees if such
defense articles are significant military equipment (as defined in section
47(9) of the Arms Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of appropriated
funds for specific countries that would receive such excess defense articles:
Provided further,
That such Committees shall also be informed of the original acquisition cost of
such defense articles.Limitation on availability of funds for
international organizations and programs7017.Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated under titles
III through VI of this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs, which are
returned or not made available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance Act of 1961 or
section 7049(a) of this Act, shall remain available for obligation until
September 30, 2014.Prohibition on funding for abortions and
involuntary sterilization7018.None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended, may be used to
pay for the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds made
available to carry out part I of the Foreign Assistance Act of 1961, as
amended, may be used to pay for the performance of involuntary sterilization as
a method of family planning or to coerce or provide any financial incentive to
any person to undergo sterilizations. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended, may be used to
pay for any biomedical research which relates in whole or in part, to methods
of, or the performance of, abortions or involuntary sterilization as a means of
family planning. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be obligated or expended for
any country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.Allocations7019.(a)Funds provided in this Act shall be made
available for programs and countries in the amounts contained in the respective
tables included in the report accompanying this Act.(b)For the purposes of implementing this
section and only with respect to the tables included in the report accompanying
this Act, the Secretary of State, the USAID Administrator and the Broadcasting
Board of Governors, as appropriate, may propose deviations to the amounts
referenced in subsection (a), subject to the regular notification procedures of
the Committees on Appropriations.Limitations on Representation and
Entertainment Expenses7020.(a)Each Federal department, agency, or entity
funded in titles I and II of this Act, and the Department of Treasury and
independent agencies funded in titles III and VI of this Act, shall take steps
to ensure that all expenses for domestic and overseas representation and
entertainment are only for meals and events of a protocol nature that are not
incident to a conference, meeting, or other business of such department,
agency, or entity:
Provided, That such meals and
events shall not be for employee-only events (such as retirement and holiday
parties), and shall be primarily for fostering relations outside of the
executive branch:
Provided further,
That entertainment expenses may not include activities that are substantially
of a recreational character, including but not limited to entrance fees at
sporting events, theatrical and musical productions, and amusement parks:
Provided further,
That each such department, agency, and entity shall provide to the Committees
on Appropriations not later than 90 days after enactment of this Act its policy
on the use of representation and entertainment funds.(b)None of the funds appropriated or otherwise
made available by this Act under the headings International Military
Education and Training or Foreign Military Financing
Program for Informational Program activities or under the headings
Global Health Programs, Development Assistance,
and Economic Support Fund may be obligated or expended to pay
for—(1)alcoholic beverages; or(2)entertainment expenses for activities that
are substantially of a recreational character, including but not limited to
entrance fees at sporting events, theatrical and musical productions, and
amusement parks.Prohibition on assistance to governments
supporting international terrorism7021.(a)Lethal military equipment exports(1)None of the funds appropriated or otherwise
made available by titles III through VI of this Act may be available to any
foreign government which provides lethal military equipment to a country the
government of which the Secretary of State has determined supports
international terrorism for purposes of section 6(j) of the
Export Administration Act of 1979:
Provided, That the prohibition
under this section with respect to a foreign government shall terminate 12
months after that government ceases to provide such military equipment:
Provided further,
That this section applies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.(2)Assistance restricted by paragraph (1) or
any other similar provision of law, may be furnished if the President
determines that to do so is important to the national interests of the United
States.(3)Whenever the President makes a
determination pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the furnishing of such
assistance, including a detailed explanation of the assistance to be provided,
the estimated dollar amount of such assistance, and an explanation of how the
assistance furthers U.S. national interests.(b)Bilateral assistance(1)Funds appropriated for bilateral assistance
in titles III through VI of this Act and funds appropriated under any such
title in prior acts making appropriations for the Department of State, foreign
operations, and related programs, shall not be made available to any foreign
government which the President determines—(A)grants sanctuary from prosecution to any
individual or group which has committed an act of international
terrorism;(B)otherwise supports international terrorism;
or(C)is controlled by an organization designated
as a terrorist organization under section 219 of the Immigration and
Nationality Act.(2)The President may waive the application of
paragraph (1) to a government if the President determines that national
security or humanitarian reasons justify such waiver:
Provided, That the President
shall publish each such waiver in the Federal Register and, at least 15 days
before the waiver takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on Appropriations.Authorization
requirements7022.Funds appropriated by this Act, except
funds appropriated under the heading Trade and Development
Agency, may be obligated and expended notwithstanding section 10 of
Public Law 91–672, section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the
Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103–236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).Definition of program, project, and
activity7023.For the purpose of titles I through VI of
this Act program, project, and activity shall be defined at the
appropriations Act account level and shall include all appropriations and
authorizations Acts funding directives, ceilings, and limitations with the
exception that for the following accounts: Economic Support Fund
and Foreign Military Financing Program, program, project,
and activity shall also be considered to include country, regional, and
central program level funding within each such account; and for the development
assistance accounts of USAID program, project, and activity
shall also be considered to include central, country, regional, and program
level funding, either as—(1)justified to the Congress; or(2)allocated by the executive branch in
accordance with a report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by section 653(a) of
the Foreign Assistance Act of
1961.Authorities for the peace corps,
inter-american foundation and african development
foundation7024.Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for the Department of State, foreign
operations, and related programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act:
Provided, That prior to
conducting activities in a country for which assistance is prohibited, the
agency shall consult with the Committees on Appropriations and report to such
Committees within 15 days of taking such action.Commerce, trade and surplus
commodities7025.(a)None of the funds appropriated or made
available pursuant to titles III through VI of this Act for direct assistance
and none of the funds otherwise made available to the Export-Import Bank and
the Overseas Private Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for export by any country
other than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected to
become operative and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity:
Provided, That such prohibition
shall not apply to the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United States are
likely to outweigh the injury to United States producers of the same, similar,
or competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations:
Provided further,
That this subsection shall not prohibit—(1)activities in a country that is eligible
for assistance from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction and Development,
and does not export on a consistent basis the commodity with respect to which
assistance is furnished; or(2)activities in a country recovering from
widespread conflict, a humanitarian crisis, or a complex emergency.(b)None of the funds appropriated by this or
any other Act to carry out chapter 1 of part I of the
Foreign Assistance Act of 1961 shall
be available for any testing or breeding feasibility study, variety improvement
or introduction, consultancy, publication, conference, or training in
connection with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a similar commodity
grown or produced in the United States:
Provided, That this subsection
shall not prohibit—(1)activities designed to increase food
security in developing countries where such activities will not have a
significant impact on the export of agricultural commodities of the United
States;(2)research activities intended primarily to
benefit American producers;(3)activities in a country that is eligible
for assistance from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction and Development,
and does not export on a consistent basis the agricultural commodity with
respect to which assistance is furnished; or(4)activities in a country recovering from
widespread conflict, a humanitarian crisis, or a complex emergency.(c)The Secretary of the Treasury shall
instruct the United States Executive Directors of the international financial
institutions, as defined in section 7029(e) of this Act, to use the voice and
vote of the United States to oppose any assistance by such institutions, using
funds appropriated or made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.Separate
accounts7026.(a)Separate accounts for local
currencies(1)If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of local
currencies of that country, the USAID Administrator shall—(A)require that local currencies be deposited
in a separate account established by that government;(B)enter into an agreement with that
government which sets forth—(i)the amount of the local currencies to be
generated; and(ii)the terms and conditions under which the
currencies so deposited may be utilized, consistent with this section;
and(C)establish by agreement with that government
the responsibilities of USAID and that government to monitor and account for
deposits into and disbursements from the separate account.(2)Uses of local currenciesAs may be agreed upon with the foreign
government, local currencies deposited in a separate account pursuant to
subsection (a), or an equivalent amount of local currencies, shall be used
only—(A)to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may
be), for such purposes as—(i)project and sector assistance activities;
or(ii)debt and deficit financing; or(B)for the administrative requirements of the
United States Government.(3)Programming accountabilityUSAID shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed pursuant to
subsection (a)(2)(A) from the separate account established pursuant to
subsection (a)(1) are used for the purposes agreed upon pursuant to subsection
(a)(2).(4)Termination of assistance
programsUpon termination of
assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II
of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered
balances of funds which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may be agreed to by
the government of that country and the United States Government.(5)Reporting requirementThe USAID Administrator shall report on an
annual basis as part of the justification documents submitted to the Committees
on Appropriations on the use of local currencies for the administrative
requirements of the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local currency (and
United States dollar equivalent) used and/or to be used for such purpose in
each applicable country.(b)Separate accounts for cash
transfers(1)If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I or chapter 4
of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such funds in a separate
account and not commingle them with any other funds.(2)Applicability of other provisions of
lawSuch funds may be
obligated and expended notwithstanding provisions of law which are inconsistent
with the nature of this assistance including provisions which are referenced in
the Joint Explanatory Statement of the Committee of Conference accompanying
House Joint Resolution 648 (House Report No. 98–1159).(3)NotificationAt least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the President shall submit
a notification through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of the United
States interests that will be served by the assistance (including, as
appropriate, a description of the economic policy reforms that will be promoted
by such assistance).(4)ExemptionNonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through the regular
notification procedures of the Committees on Appropriations.eligibility for
assistance7027.(a)Assistance through nongovernmental
organizationsRestrictions
contained in this or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and from funds appropriated under the
heading Middle East and North Africa Incentive Fund:
Provided, That before using the
authority of this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of those committees,
including a description of the program to be assisted, the assistance to be
provided, and the reasons for furnishing such assistance:
Provided further,
That nothing in this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.(b)Public
law 480During fiscal year
2013, restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance under
the Food for Peace Act (Public Law 83–480), as amended:
Provided, That none of the funds
appropriated to carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as provided through the
regular notification procedures of the Committees on Appropriations.(c)ExceptionThis section shall not apply—(1)with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or(2)with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates internationally
recognized human rights.Impact on jobs in the united
states7028.None of the funds appropriated under titles
III through VI of this Act may be obligated or expended to provide—(1)any financial incentive to a business
enterprise currently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if such incentive or
inducement is likely to reduce the number of employees of such business
enterprise in the United States because United States production is being
replaced by such enterprise outside the United States; or(2)assistance for any program, project, or
activity that contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the
Trade Act of 1974, of workers in the
recipient country, including any designated zone or area in that country:
Provided, That the application of
section 507(4) (D) and (E) of such Act should be commensurate with the level of
development of the recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.International financial
institutions7029.(a)None of the funds appropriated under title
V of this Act may be made as payment to any international financial institution
while the United States executive director to such institution is compensated
by the institution at a rate which, together with whatever compensation such
executive director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or while any
alternate United States executive director to such institution is compensated
by the institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section 5316 of
title 5, United States Code.(b)The Secretary of the Treasury shall
instruct the United States executive director of each international financial
institution to oppose any loan, grant, strategy or policy of such institution
that would require user fees or service charges on poor people for primary
education or primary healthcare, including maternal and child health, and the
prevention, care and treatment of HIV/AIDS, malaria, and tuberculosis in
connection with such institution's financing programs.(c)The Secretary of the Treasury shall
instruct the United States Executive Director of the International Monetary
Fund (IMF) to use the voice and vote of the United States to oppose any loan,
project, agreement, memorandum, instrument, plan, or other program of the IMF
to a Heavily Indebted Poor Country that imposes budget caps or restraints that
do not allow the maintenance of or an increase in governmental spending on
healthcare or education; and to promote government spending on healthcare,
education, agriculture and food security, or other critical safety net programs
in all of the IMF’s activities with respect to Heavily Indebted Poor
Countries.(d)Of the funds appropriated by this Act that
are available for a United States contribution to the general capital increases
of the International Bank for Reconstruction and Development, the African
Development Bank, the Asian Development Bank, and the Inter-American
Development Bank, 10 percent of each such contribution may not be obligated or
expended until the Secretary of the Treasury reports to the Committees on
Appropriations that such institution is implementing best practices for the
protection of whistleblowers from retaliation, including best practices for
legal burdens of proof, access to independent adjudicative bodies, results that
eliminate the effects of retaliation, and statutes of limitation for reporting
retaliation.(e)For the purposes of this Act
international financial institutions shall mean the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the Asian
Development Bank, the Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank and the African
Development Fund.Debt-for-development7030.In order to enhance the continued
participation of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which is a grantee or
contractor of USAID may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance provided
under title III of this Act and, subject to the regular notification procedures
of the Committees on Appropriations, any interest earned on such investment
shall be used for the purpose for which the assistance was provided to that
organization.FINANCIAL MANAGEMENT AND BUDGET
TRANSPARENCY7031.(a)Limitation on direct
government-to-Government assistance(1)Funds appropriated by this Act may be made
available for direct Government-to-Government assistance only if—(A)each implementing agency or ministry to
receive assistance has been assessed and is considered to have the systems
required to manage such assistance and any identified vulnerabilities or
weaknesses of such agency or ministry have been addressed; and(i)the recipient agency or ministry employs
and utilizes staff with the necessary technical, financial, and management
capabilities;(ii)the recipient agency or ministry has
adopted competitive procurement policies and systems;(iii)effective monitoring and evaluation systems
are in place to ensure that such assistance is used for its intended purposes;
and(iv)no level of acceptable fraud is assumed;
and(B)the Government of the United States and the
government of the recipient country have agreed, in writing, on clear and
achievable objectives for the use of such assistance.(2)In addition to the requirements in
subsection (a), no funds may be made available for such assistance without
prior consultation with, and notification to, the Committees on Appropriations:
Provided, That such notification
shall contain an explanation of how the proposed activity meets the
requirements of paragraph (1):
Provided further,
That the requirements of this paragraph shall only apply to direct
Government-to-Government assistance with a cumulative value exceeding
$50,000,000 and to all funds available for cash
payments to individuals.(3)The USAID Administrator or the Secretary of
State, as appropriate, shall suspend any such assistance if the Administrator
or the Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary determines and reports to
the Committees on Appropriations that it is in the national interest of the
United States to continue such assistance.(4)The Secretary of State shall submit to the
Committees on Appropriations, concurrent with the fiscal year 2014
congressional budget justification materials, amounts planned for assistance
described in subsection (a) by country, proposed funding amount, source of
funds, and type of assistance.(b)National budget and contract
transparency(1)Minimum Standards of Fiscal
TransparencyNot later than
90 days after enactment of this Act, the Secretary of State shall develop, for
each government receiving assistance appropriated by this Act, minimum
standards of fiscal transparency which shall be updated and
strengthened, as appropriate, to reflect best practices.(2)DefinitionFor purposes of paragraph (1), “minimum
standards of fiscal transparency” are standards developed in accordance with
subsection (a) and shall include standards for the public disclosure of
national budget information, including receipts and expenditures by ministry,
and government contracts and licenses for natural resource extraction, to
include bidding and concession allocation practices.(3)Determination and ReportFor each government identified pursuant to
paragraph (1), the Secretary of State, not later than 180 days after enactment
of this Act and annually thereafter, shall make a determination of
significant progress or no significant progress
in meeting minimum standards of fiscal transparency, and make such
determinations publicly available in an annual Fiscal Transparency
Report to be posted on the Department of State’s Web site:
Provided, That the Secretary
shall identify any steps taken by each such government to publicly disclose
national budget information which are additional to those taken in previous
fiscal years, include specific recommendations of short- and long-term steps
such government can take to improve budget transparency, and identify
benchmarks for measuring progress.(4)AssistanceOf the funds appropriated under title III
of this Act, not less than $10,000,000 shall be
made available for programs and activities to assist governments identified
pursuant to paragraph (1) to improve budget transparency and to support civil
society organizations in such countries that promote budget transparency:
Provided, That such sums shall be
in addition to funds otherwise made available for such purposes.(c)Anti-Kleptocracy(1)Officials of foreign governments and their
immediate family members who the Secretary of State has credible information
have been involved in significant corruption, including corruption related to
the extraction of natural resources, shall be ineligible for entry into the
United States.(2)Individuals shall not be ineligible if
entry into the United States would further important United States law
enforcement objectives or is necessary to permit the United States to fulfill
its obligations under the United Nations Headquarters Agreement:
Provided, That nothing in this
provision shall be construed to derogate from United States Government
obligations under applicable international agreements.(3)The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would serve a
compelling national interest or that the circumstances which caused the
individual to be ineligible have changed sufficiently.(4)Not later than 90 days after enactment of
this Act and 180 days thereafter, the Secretary of State shall submit a report,
in classified form if necessary, to the Committees on Appropriations describing
the information relating to corruption concerning each of the individuals found
ineligible pursuant to paragraph (1), or who would be ineligible but for the
application of paragraph (2), a list of any waivers provided under subsection
(3), and the justification for each waiver.(d)Foreign assistance web siteFunds appropriated by this Act shall be
made available to expand information on United States Government foreign
assistance posted on the foreignassistance.gov Web site:
Provided, That all Federal
agencies funded under this Act shall provide such information on foreign
assistance, upon request, to the Department of State:
Provided further,
That not later than 180 days after enactment of this Act, the Secretary of
State shall submit a report to the Committees on Appropriations assessing the
cooperation of the heads of other Federal agencies in providing the Department
of State with foreign assistance information administered by such agencies, in
a standardized format:
Provided further,
That the Secretary of State shall seek such foreign assistance information from
prior fiscal years, beginning in fiscal year 2011.Authority to engage in debt buybacks or
sales7032.(a)Loans eligible for sale, reduction, or
cancellation(1)Authority to sell, reduce, or cancel
certain loansNotwithstanding
any other provision of law, the President may, in accordance with this section,
sell to any eligible purchaser any concessional loan or portion thereof made
before January 1, 1995, pursuant to the Foreign
Assistance Act of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion thereof, only for the purpose
of facilitating—(A)debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or(B)a debt buyback by an eligible country of
its own qualified debt, only if the eligible country uses an additional amount
of the local currency of the eligible country, equal to not less than 40
percent of the price paid for such debt by such eligible country, or the
difference between the price paid for such debt and the face value of such
debt, to support activities that link conservation and sustainable use of
natural resources with local community development, and child survival and
other child development, in a manner consistent with sections 707 through 710
of the Foreign Assistance Act of
1961, if the sale, reduction, or cancellation would not contravene
any term or condition of any prior agreement relating to such loan.(2)Terms and conditionsNotwithstanding any other provision of law,
the President shall, in accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or canceled pursuant to this
section.(3)AdministrationThe Facility, as defined in section 702(8)
of the Foreign Assistance Act of
1961, shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers
that the President has determined to be eligible, and shall direct such agency
to carry out the sale, reduction, or cancellation of a loan pursuant to this
section:
Provided, That such agency shall
make adjustment in its accounts to reflect the sale, reduction, or
cancellation.(4)LimitationThe authorities of this subsection shall be
available only to the extent that appropriations for the cost of the
modification, as defined in section 502 of the Congressional Budget Act of
1974, are made in advance.(b)Deposit of proceedsThe proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this section
shall be deposited in the United States Government account or accounts
established for the repayment of such loan.(c)Eligible purchasersA loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the President
for using the loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.(d)Debtor consultationsBefore the sale to any eligible purchaser,
or any reduction or cancellation pursuant to this section, of any loan made to
an eligible country, the President should consult with the country concerning
the amount of loans to be sold, reduced, or canceled and their uses for
debt-for-equity swaps, debt-for-development swaps, or debt-for-nature
swaps.(e)Availability of fundsThe authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading Debt Restructuring.Multi-year
pledges7033.None of the funds appropriated by this Act
may be used to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless such
pledge was—(1)previously justified, including the
projected future year costs, in a congressional budget justification;(2)included in an Act making appropriations
for the Department of State, foreign operations, and related programs or
previously authorized by an Act of Congress;(3)notified in accordance with the regular
notification procedures of the Committees on Appropriations, including the
projected future year costs; or(4)the subject of prior consultation with the
Committees on Appropriations and such consultation was conducted at least 7
days in advance of the pledge.special
provisions7034.(a)Victims of war, displaced children, and
displaced burmeseFunds
appropriated in titles III and VI of this Act that are made available for
victims of war, displaced children, displaced Burmese, and to combat
trafficking in persons and assist victims of such trafficking, may be made
available notwithstanding any other provision of law.(b)Reconstituting civilian police
authorityIn providing
assistance with funds appropriated by this Act under section 660(b)(6) of the
Foreign Assistance Act of 1961, support for a nation emerging from instability
may be deemed to mean support for regional, district, municipal, or other
sub-national entity emerging from instability, as well as a nation emerging
from instability.(c)World food programFunds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, USAID, from this or any other Act, shall
be made available as a general contribution to the World Food Program,
notwithstanding any other provision of law.(d)Disarmament, demobilization and
reintegrationNotwithstanding
any other provision of law, regulation or Executive order, funds appropriated
by this Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings Economic
Support Fund, Middle East and North Africa Incentive
Fund, Peacekeeping Operations, International
Disaster Assistance, and Transition Initiatives may be
made available to support programs to disarm, demobilize, and reintegrate into
civilian society former members of foreign terrorist organizations:
Provided, That the Secretary of
State shall consult with the Committees on Appropriations prior to the
obligation of funds pursuant to this subsection:
Provided further,
That for the purposes of this subsection the term foreign terrorist
organization means an organization designated as a terrorist
organization under section 219 of the Immigration and Nationality Act.(e)ContingenciesDuring fiscal year 2013, the President may
use up to $50,000,000 under the authority of
section 451 of the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.(f)Democracy and Human Rights(1)Funds appropriated by this Act that are
made available for democracy and human rights programs may be made available
notwithstanding any other provision of law, and with regard to the National
Endowment for Democracy, any regulation.(2)For the purposes of funds appropriated by
this Act, the term democracy and human rights programs means
programs that support good governance, credible and competitive elections,
freedom of expression, association, assembly, and religion, human rights, labor
rights, independent media, and the rule of law, and that otherwise strengthen
the capacity of democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the development of
democratic states, and institutions that are responsive and accountable to
citizens.(3)With respect to the provision of assistance
for democracy, human rights and governance activities in this Act, the
organizations implementing such assistance, the specific nature of that
assistance, and participants in democracy and human rights programs shall not
be subject to the prior approval by the government of any foreign
country.(4)Funds appropriated under the heading
Economic Support Fund shall be made available to the Bureau of
Democracy, Human Rights, and Labor (DRL), Department of State, for programs to
promote human rights by expanding open and uncensored access to information and
communication as identified in the Department of State’s Internet freedom
strategy:
Provided, That funds made
available by this paragraph should be matched by sources other than the United
States Government, as appropriate:
Provided further,
That the Secretary of State shall coordinate the development and uses of
circumvention and secure communications technologies with the USAID
Administrator and the Broadcasting Board of Governors, as appropriate.(5)Funds appropriated by this Act that are
made available to promote democracy and human rights shall also be made
available to support freedom of religion, especially in the Middle East and
North Africa.(6)Funds made available by this Act for DRL’s
Business and Human Rights program in the People’s Republic of China shall be
made available on a cost-matching basis from sources other than the United
States Government.(7)In order to avoid duplication of democracy
and human rights programs, DRL and the Bureau for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall regularly communicate their planned
programs to the National Endowment for Democracy.(8)Of the funds appropriated by this Act, not
less than $2,606,000,000 should be made
available for democracy programs, as defined in paragraph (2).(9)Funds appropriated by this Act under the
heading Democracy Fund that are made available to DRL shall be
made available to establish and maintain a database of prisons and gulags in
North Korea, including a list of political prisoners, and such database shall
be regularly updated and made publicly available on the Internet.(g)Protections and Remedies for Employees of
Diplomatic Missions and International OrganizationsThe Secretary of State shall implement
section 203(a)(2) of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110–457):
Provided, That in determining
whether to suspend the issuance of A–3 or G–5 visas to applicants seeking to
work for officials of a diplomatic mission or international organization, the
Secretary shall consider whether a final court judgment has been issued against
a current or former employee of such mission or organization (and the time
period for a final appeal has expired) or whether the Department of State has
requested that immunity of individual diplomats or family members be waived to
permit criminal prosecution:
Provided further,
That the Secretary should continue to assist in obtaining payment of final
court judgments awarded to A–3 and G–5 visa holders, including encouraging the
sending states to provide compensation directly to victims:
Provided further,
That the Secretary shall include, in a manner the Secretary deems appropriate,
all trafficking cases involving A–3 or G–5 visa holders in the Trafficking in
Persons annual report for which a final civil judgment has been issued (and the
time period for final appeal has expired) or the Department of Justice has
determined that the United States Government would seek to indict the diplomat
or a family member but for diplomatic immunity.(h)Modification of amendmentSection 620M of the
Foreign Assistance Act of 1961
(Limitation on Assistance to Security Forces) is amended in subsection (d)(5)
by inserting , equipment, or other types of assistance after
training.(i)Extension of authorities(1)Section 1(b)(2) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting September
30, 2013 for September 30, 2010.(2)The authority provided by section 301(a)(3)
of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4831(a)(3)) shall remain in effect through September 30, 2013.(3)The authority contained in section 1115(d)
of Public Law 111–32 shall remain in effect through September 30, 2013.(4)Section 824(g) of the Foreign Service Act
of 1980 (22 U.S.C. 4064(g)) shall be applied by substituting September
30, 2013 for October 1, 2010 in paragraph (2).(5)Section 61(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting
September 30, 2013 for October 1, 2010 in
paragraph (2).(6)Section 625(j)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by substituting
September 30, 2013 for October 1, 2010 in
subparagraph (B).(7)The authority provided by section 1113 of
Public Law 111–32 shall remain in effect through September 30, 2013:
Provided, That none of the funds
appropriated or otherwise made available by this Act or any other Act making
appropriations for the Department of State, foreign operations, and related
programs may be used to implement phase 3 of such authority.(8)The Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 (Public Law 101–167) is
amended—(A)In section 599D (8 U.S.C. 1157
note)—(i)in subsection (b)(3), by striking
and 2012 and inserting 2012, and 2013; and(ii)in subsection (e), by striking
October 1, 2012 each place it appears and inserting
October 1, 2013; and(B)in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking 2012 and inserting
2013.(9)Chapter 5 of title I of the Emergency
Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11), as amended,
is amended in the item relating to “Loan Guarantees to Israel”, before “:
Provided,” by striking “2011” and
inserting “2015”, and in the second proviso, by striking “2011” and inserting
“2015”.(10)The fifth proviso under the heading
“Economic Support Fund” in title III of division I of Public Law 112–74 is
amended by striking “$30,000,000” through
“division B” and inserting in lieu thereof
“$60,000,000 of the funds appropriated under
this heading in titles III and VIII in this Act and in prior Acts making
appropriations for the Department of State, foreign operations, and related
programs”.(11)The authorities provided in section 1015(b)
of Public Law 111–212 shall remain in effect through September 30, 2013.(j)Reports AmendedThe following provisions of law are amended
as follows:(1)Section 258(b) of the Foreign Assistance
Act of 1961 is amended as follows:(A)by striking paragraph (1) and paragraphs
(6) through (11); and(B)by redesignating paragraphs (2) through (5)
as paragraphs (1) through (4), respectively.(2)Section 102(b)(1) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended by striking
September 1 and inserting May 1.(k)Government ExpendituresFunds appropriated under title III and
under the heading International Narcotics Control and Law
Enforcement in this Act shall not be made available for assistance for
any government for programs or activities in fiscal year 2013 if such
government has reduced its own expenditures for such programs or activities as
a result of assistance provided in prior fiscal years and for reasons that are
inconsistent with the purposes of such assistance.(l)International Child
Abductions(1)The Secretary of State shall withhold funds
appropriated by this Act for assistance for the government of any country that
is not taking appropriate steps to comply with Federal or State court orders
concerning child custody and visitation or with the Convention on the Civil
Aspects of International Child Abductions, done at the Hague on October 25,
1980:
Provided, That the Secretary
shall report to the Committees on Appropriations within 15 days of withholding
funds under this paragraph.(2)The Secretary of State may waive the
requirements in paragraph (1) if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national interest of the
United States.(m)Limitations(1)(A)None of the funds appropriated under the
heading “Economic Support Fund” in this Act may be made available for
assistance for the Palestinian Authority if the Palestinians obtain, after the
date of enactment of this Act, the same standing as member states or full
membership as a state in the United Nations or any specialized agency thereof
outside an agreement negotiated between Israel and the Palestinians.(B)The Secretary of State may waive the
restriction in paragraph (A) if the Secretary certifies to the Committees on
Appropriations that to do so is in the national security interests of the
United States, and submits a report to such Committees detailing how the waiver
and the continuation of assistance would assist in furthering Middle East
peace.(2)(A)The President may waive the provisions of
section 1003 of Public Law 100–204 if the President certifies in writing to the
Speaker of the House of Representatives, the President Pro Tempore of the
Senate, and the Committees on Appropriations that the Palestinians have not,
after the date of enactment of this Act, obtained in the United Nations or any
specialized agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between Israel and the
Palestinians.(B)Not less than 90 days after the President
is unable to make the certification pursuant to paragraph (2)(A), the President
may waive section 1003 of Public Law 100–204 if the President determines and
certifies in writing to the Speaker of the House of Representatives, the
President Pro Tempore of the Senate, and the Committees on Appropriations that
the Palestinians have entered into direct and meaningful negotiations with
Israel:
Provided, That any waiver of the
provisions of section 1003 of Public Law 100–204 under paragraph (2) or under
previous provisions of law must expire before the waiver under the preceding
sentence may be exercised.(3)Any waiver pursuant to paragraphs (1) and
(2) shall be effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after enactment of this Act.(4)Not later than 45 days after enactment of
this Act, the Secretary of State shall submit a report to the Committees on
Appropriations detailing the impact and potential impact of section 414 of
Public Law 101–246 and section 410 of Public Law 103–236 on the national
interests of the United States:
Provided, That such report shall
also include information on the amount of United States assistance prohibited
from obligation and disbursement to United Nations agencies as a result of such
provisions of law.(n)Enterprise FundsFunds appropriated by this Act may be made
available to finance enterprise funds for Pakistan and countries in the Middle
East and North Africa:
Provided, That section 201 of the
Support for East European Democracy (SEED) Act of 1989, excluding subsections
(b), (c), and (f), shall be deemed to apply to any such fund or funds, and to
funds made available to such fund or funds, in order to enable such fund or
funds to provide assistance for purposes of this subsection:
Provided further,
That section 7077 of division F of Public Law 111–117 shall apply to any such
fund or funds established pursuant to this subsection:
Provided further,
That not more than 10 percent of the funds made available pursuant to this
subsection should be available for administrative expenses annually of such
fund or funds and not later than 1 year after the date of enactment of this
Act, and annually thereafter until each fund is dissolved, each fund shall
submit to the Committees on Appropriations a report detailing the
administrative expenses of such fund:
Provided further,
That each fund shall be governed by a Board of Directors comprised of a maximum
of nine and a minimum of six members, of whom not less than two-thirds shall be
United States citizens, who have had international business careers and
demonstrated expertise in international and emerging markets investment
activities:
Provided further,
That not later than 1 year after the entry into force of the initial grant
agreement under this section and annually thereafter, each fund shall prepare
and make publicly available on a Web site administered by the fund a detailed
report on the fund’s activities during the previous year:
Provided further,
That the authority of any such fund or funds to provide assistance shall cease
to be effective on December 31, 2023:
Provided further,
That funds made available pursuant to this section shall be subject to prior
consultation with the Committees on Appropriations.(o)Extension of RewardsSection 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended—(1)in subsection (a)(2), by inserting
serious violations of international humanitarian law, after
international narcotics trafficking,; and(2)by adding at the end the following new
paragraph:(8)the arrest or conviction in any country, or
the transfer to or conviction by an international criminal tribunal (including
a hybrid or mixed tribunal), of any foreign national accused of war crimes,
crimes against humanity, or genocide, as defined under the statute of such
tribunal..(p)Effectiveness of Humanitarian
AssistanceFunds appropriated
under the headings “International Disaster Assistance”, “Complex Crises Fund”,
and “Migration and Refugee Assistance” shall be made available for the
independent and systematic collection and reporting of information obtained
directly from beneficiaries of assistance funded under such headings, regarding
the quality and utility of such assistance, for the purpose of maximizing the
effectiveness of such assistance:
Provided, That not later than
September 30, 2013, the USAID Administrator and the Secretary of State, as
appropriate, shall submit a summary of such information to the Committees on
Appropriations.(q)International Cooperative Administrative
Support ServicesThe
Secretary of State shall develop a process by which any agency participating in
the International Cooperative Administrative Support Services (ICASS) program
provide a cost analysis and justification for the agency’s decision to opt out,
in whole or in part, of ICASS services:
Provided, That such process shall
be developed in close coordination with the ICASS Service Center and
participating agencies to ensure that the process is not overly burdensome:
Provided further,
That the Secretary of State shall conduct a review of the ICASS services
provided by the Department of State to identify options for cost savings and
program efficiencies, including reevaluating the number of American officials
overseas needed to provide the ICASS services and whether the creation of new
non-State ICASS providers (including USAID) will improve cost effectiveness at
individual posts:
Provided further,
That the Secretary shall submit a report to the Committees on Appropriations
not later than 90 days after enactment of this Act, detailing the steps taken
to implement this subsection.(r)Security Sector ReformFunds appropriated by this Act for security
sector reform shall be implemented in a manner consistent with the roles and
responsibilities and guiding principles of the February 2009 “Security Sector
Reform” paper prepared jointly by USAID, the Department of Defense, and the
Department of State.(s)WaiverThe Secretary of State may waive on a
country-by-country basis funding ceilings contained in titles I and II of this
Act for operations in Afghanistan, Pakistan, and Iraq in order to address
extraordinary, unanticipated contingencies, if the Secretary reports to the
Committees on Appropriations that it is important to the national interest of
the United States and that failure to do so would pose a substantial risk to
human health and welfare:
Provided, That such waiver shall
identify the contingency that is being addressed, and include a justification
of how such waiver serves the national interest.(t)Prize authorityFunds appropriated by this Act that are
available for prizes in accordance with section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 may be made available for prizes of not more
than $100,000 and may be for foreign citizens
and foreign private entities notwithstanding section 24(g)(3) of such
Act.(u)Science and technologyOf the amounts made available by this Act
or any other Act under the heading “Diplomatic and Consular Programs”, up to
$1,000,000 may be made available for grants
pursuant to section 504 of Public Law 95–426 (22 U.S.C. 2656d), including to
facilitate collaboration with indigenous communities.(v)Energy audits and savingsThe Department of State, USAID, Peace
Corps, the Broadcasting Board of Governors, and other agencies funded by this
Act shall, in fiscal year 2013, conduct updated environmental assessments and
water and energy audits of their overseas post operations, including staff
housing, to assess consistency with Federal energy efficiency standards and
environmental practices, and shall implement the recommendations of such
assessments and audits to correct any shortfalls in meeting the targets for
Federal building energy efficiency and environmental sustainability mandated by
the Energy Independence and Security Act, 2007, and Executive Order
13514.(w)Office of global women’s
issuesThe Secretary of State
shall establish an Office of Global Women’s Issues, headed by a Coordinator for
Global Women’s Issues who shall be designated by the Secretary of State, who
may also be appointed as an Ambassador-at-Large, and who shall, to the extent
the Secretary may direct, provide policy direction and oversight over
assistance programs for women and girls including all programs and activities
funded pursuant to section 7059(d) of this Act, in consultation, as
appropriate, with USAID’s Senior Coordinator for Gender Equality and Women’s
Empowerment.(x)Limitation on fundingNone of the funds appropriated or otherwise
made available by this Act may be obligated or expended to advocate or agree to
any provision of a United Nations Arms Trade Treaty that would restrict in any
way the rights of United States citizens under the second amendment to the
Constitution of the United States, or that would otherwise regulate the
domestic manufacture, assembly, possession, use, transfer, or purchase of
firearms, ammunition, or related items in the United States.(y)Hostile acts targeted against the united
statesNot later than 180
days after enactment of this Act, the Secretary of State, in consultation with
the heads of other Federal agencies, shall submit a report to the Committees on
Appropriations detailing existing authorities and programs for compensation
provided to civilian employees under Chief of Mission authority (including
foreign service, civil service, and locally employed staff) who are killed
during the performance of their official duties overseas in a hostile act
targeted against the United States:
Provided, That such report should
include a description of the number of such employees killed in such acts since
1979, and the compensation provided and the authority used to provide such
compensation:
Provided further,
That such report shall include a determination of the extent to which
additional compensation to such employees is warranted commensurate with
compensation provided to other Federal employees, including members of the
Armed Forces, killed during the performance of their official duties overseas
in such acts:
Provided further,
That in preparing such report, the Secretary shall consult with the Committees
on Appropriations and representatives of victims of terrorist attacks, and
shall consider previous United States Government programs and authorities to
compensate victims of terrorist attacks.Arab league boycott of
israel7035.It is the sense of the Congress
that—(1)the Arab League boycott of Israel, and the
secondary boycott of American firms that have commercial ties with Israel, is
an impediment to peace in the region and to United States investment and trade
in the Middle East and North Africa;(2)the Arab League boycott, which was
regrettably reinstated in 1997, should be immediately and publicly terminated,
and the Central Office for the Boycott of Israel immediately disbanded;(3)all Arab League states should normalize
relations with their neighbor Israel;(4)the President and the Secretary of State
should continue to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example, taking into
consideration the participation of any recipient country in the boycott when
determining to sell weapons to said country; and(5)the President should report to Congress
annually on specific steps being taken by the United States to encourage Arab
League states to normalize their relations with Israel to bring about the
termination of the Arab League boycott of Israel, including those to encourage
allies and trading partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing businesses that do
comply.Palestinian
statehood7036.(a)Limitation on assistanceNone of the funds appropriated under titles
III through VI of this Act may be provided to support a Palestinian state
unless the Secretary of State determines and certifies to the appropriate
congressional committees that—(1)the governing entity of a new Palestinian
state—(A)has demonstrated a firm commitment to
peaceful co-existence with the State of Israel; and(B)is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations; and(2)the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just, lasting, and
comprehensive peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the context of full and normal
relationships, which should include—(A)termination of all claims or states of
belligerency;(B)respect for and acknowledgment of the
sovereignty, territorial integrity, and political independence of every state
in the area through measures including the establishment of demilitarized
zones;(C)their right to live in peace within secure
and recognized boundaries free from threats or acts of force;(D)freedom of navigation through international
waterways in the area; and(E)a framework for achieving a just settlement
of the refugee problem.(b)Sense of congressIt is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law, an
independent judiciary, and respect for human rights for its citizens, and
should enact other laws and regulations assuring transparent and accountable
governance.(c)WaiverThe President may waive subsection (a) if
the President determines that it is important to the national security
interests of the United States to do so.(d)ExemptionThe restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet the
requirements of subsection (a), consistent with the provisions of section 7040
of this Act (Limitation on Assistance for the Palestinian
Authority).Restrictions concerning the palestinian
authority7037.None of the funds appropriated under titles
II through VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States Government
business with the Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO Declaration of
Principles:
Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem:
Provided further,
That meetings between officers and employees of the United States and officials
of the Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the purpose of
conducting official United States Government business with such authority
should continue to take place in locations other than Jerusalem:
Provided further,
That as has been true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental discussions.Prohibition on assistance to the
palestinian broadcasting corporation7038.None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment, technical support,
consulting services, or any other form of assistance to the Palestinian
Broadcasting Corporation.Assistance for the west bank and
gaza7039.(a)OversightFor fiscal year 2013, 30 days prior to the
initial obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the Committees on Appropriations that
procedures have been established to assure the Comptroller General of the
United States will have access to appropriate United States financial
information in order to review the uses of United States assistance for the
Program funded under the heading Economic Support Fund for the
West Bank and Gaza.(b)VettingPrior to the obligation of funds
appropriated by this Act under the heading Economic Support Fund
for assistance for the West Bank and Gaza, the Secretary of State shall take
all appropriate steps to ensure that such assistance is not provided to or
through any individual, private or government entity, or educational
institution that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with respect
to private entities or educational institutions, those that have as a principal
officer of the entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or advocating terrorist
activity or determined to be a member of a designated foreign terrorist
organization:
Provided, That the Secretary of
State shall, as appropriate, establish procedures specifying the steps to be
taken in carrying out this subsection and shall terminate assistance to any
individual, entity, or educational institution which the Secretary has
determined to be involved in or advocating terrorist activity.(c)Prohibition(1)None of the funds appropriated under titles
III through VI of this Act for assistance under the West Bank and Gaza Program
may be made available for the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism.(2)Notwithstanding any other provision of law,
none of the funds made available by this or prior appropriations Acts,
including funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza until the
Secretary of State reports to the Committees on Appropriations on the
benchmarks that have been established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian compliance with such
benchmarks.(d)Audits(1)The USAID Administrator shall ensure that
Federal or non-Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza Program, are
conducted at least on an annual basis to ensure, among other things, compliance
with this section.(2)Of the funds appropriated by this Act, up
to $500,000 may be used by the Office of
Inspector General of USAID for audits, inspections, and other activities in
furtherance of the requirements of this subsection:
Provided, That such funds are in
addition to funds otherwise available for such purposes.(e)Subsequent to the certification specified
in subsection (a), the Comptroller General of the United States shall conduct
an audit and an investigation of the treatment, handling, and uses of all funds
for the bilateral West Bank and Gaza Program, including all funds provided as
cash transfer assistance, in fiscal year 2013 under the heading Economic
Support Fund, and such audit shall address—(1)the extent to which such Program complies
with the requirements of subsections (b) and (c); and(2)an examination of all programs, projects,
and activities carried out under such Program, including both obligations and
expenditures.(f)Funds made available in this Act for West
Bank and Gaza shall be subject to the regular notification procedures of the
Committees on Appropriations.(g)Not later than 180 days after enactment of
this Act, the Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter 2 of
title II of Public Law 109–13.Limitation on assistance for the
palestinian authority7040.(a)Prohibition of fundsNone of the funds appropriated by this Act
to carry out the provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961 may be obligated or expended with respect to providing funds to the
Palestinian Authority.(b)WaiverThe prohibition included in subsection (a)
shall not apply if the President certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important to the
national security interests of the United States.(c)Period of application of
waiverAny waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months at a
time and shall not apply beyond 12 months after the enactment of this
Act.(d)ReportWhenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a report to the
Committees on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting procedures in
place to ensure that the funds are properly disbursed:
Provided, That the report shall
also detail the steps the Palestinian Authority has taken to arrest terrorists,
confiscate weapons and dismantle the terrorist infrastructure.(e)CertificationIf the President exercises the waiver
authority under subsection (b), the Secretary of State must certify and report
to the Committees on Appropriations prior to the obligation of funds that the
Palestinian Authority has established a single treasury account for all
Palestinian Authority financing and all financing mechanisms flow through this
account, no parallel financing mechanisms exist outside of the Palestinian
Authority treasury account, and there is a single comprehensive civil service
roster and payroll.(f)Prohibition to Hamas and the Palestine
Liberation Organization(1)None of the funds appropriated in titles
III through VI of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or expended for
assistance to Hamas or any entity effectively controlled by Hamas, any
power-sharing government of which Hamas is a member, or that results from an
agreement with Hamas and over which Hamas exercises undue influence.(2)Notwithstanding the limitation of paragraph
(1), assistance may be provided to a power-sharing government only if the
President certifies and reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent, has publicly
accepted and is complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.(3)The President may exercise the authority in
section 620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestine Anti-Terrorism Act of 2006 (Public Law 109–446) with respect to this
subsection.(4)Whenever the certification pursuant to
paragraph (2) is exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the certification and every
quarter thereafter on whether such government, including all of its ministers
or such equivalent are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as
amended:
Provided, That the report shall
also detail the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a full accounting of
any direct support of such government.(5)None of the funds appropriated under titles
III through VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.NEAR EAST and north
africa7041.(a)Bahrain(1)Of the funds appropriated by this Act under
the heading “Middle East and North Africa Incentive Fund”, not less than
$5,000,000 shall be made available for programs
and activities to promote reconciliation in Bahrain:
Provided, That notwithstanding
section 660 of the Foreign Assistance Act of 1961, a portion of such funds may
also be used for programs to strengthen oversight and professionalism of the
police forces of Bahrain.(2)None of the funds appropriated by this Act
may be made available for tear gas, armored vehicles, small arms, light
weapons, ammunition, or other items for crowd control purposes, for the police
or military forces of Bahrain, unless the Secretary of State certifies to the
Committees on Appropriations that the Government of Bahrain—(A)has released persons convicted or charged
with offenses involving peaceful expression, as well as those convicted on the
basis of evidence that the defendant could not challenge or that was obtained
as a result of torture;(B)is protecting freedom of expression,
association, and assembly; the right of political opposition parties, civil
society organizations, and journalists to operate without harassment or
interference; and due process of law; and(C)is investigating and prosecuting Bahraini
officials credibly alleged to have been involved in violations of human rights,
including torture.(b)Egypt(1)None of the funds appropriated under titles
III and IV of this Act and in prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be made
available for assistance for the Government of Egypt unless the Secretary of
State certifies to the Committees on Appropriations that such government is
meeting its obligations under the 1979 Egypt-Israel Peace Treaty.(2)The President shall submit to the
Committees on Appropriations, concurrent with the fiscal year 2014 budget
request, a comprehensive review of United States assistance for Egypt,
including the strategic purposes and mechanisms for disbursing such assistance,
and specific programs to be conducted in furtherance of security sector and
other reforms.(3)Funds appropriated by this Act under the
heading Foreign Military Financing Program for assistance for
Egypt shall be made available for border security programs in the Sinai, and
for purposes related to peacekeeping and disaster response:
Provided, That a portion of such
funds estimated to be outlayed during fiscal year 2013 may, following
consultation with the Committees on Appropriations, be transferred to an
interest bearing account for Egypt in the Federal Reserve Bank of New York:
Provided further,
That funds appropriated by this Act under the heading Economic Support
Fund shall be made available to promote security sector reform in
Egypt, in accordance with section 7034(r) of this Act.(4)Prior to the initial obligation of funds
appropriated by this Act for assistance for Egypt under the heading
Foreign Military Financing Program, the Secretary of State shall
certify to the Committees on Appropriations that the Government of Egypt is a
democratically elected civilian government that is implementing policies
to—(A)provide civilian control over, and public
disclosure of, the military and police budgets;(B)fully repeal the Emergency Law; and(C)protect judicial independence; freedom of
expression, association, assembly, and religion; the right of political
opposition parties, civil society organizations, and journalists to operate
without harassment or interference; and due process of law.(5)The Secretary of State, after consultation
with the Committees on Appropriations, may waive the requirements of paragraphs
(1) and (4) if the Secretary determines and reports to the Committees on
Appropriations that to do so is important to the national security interest of
the United States:
Provided, That such determination
and report shall include a detailed justification for such waiver.(6)The authorities, purposes, and requirements
in section 7041(a)(3) of division I of Public Law 112–74 shall continue in
effect during fiscal year 2013:
Provided, That funds appropriated
by this Act under the headings Economic Support Fund and
Middle East and North Africa Incentive Fund may be made
available for such initiative.(7)Funds appropriated by this Act under the
heading “Economic Support Fund” and made available for assistance for the
Government of Egypt shall be reduced by an amount equal to the amount that the
Secretary of State determines and reports to the Committees on Appropriations
was posted as bail in February 2012 for members of United States
nongovernmental organizations.(c)Iran(1)It is the policy of the United States to
seek to prevent Iran from achieving the capability to produce or otherwise
manufacture nuclear weapons, including by supporting international diplomatic
efforts to halt Iran's uranium enrichment program, and the President should
fully implement and enforce the Iran Sanctions Act of 1996, as amended (Public
Law 104–172) as a means of encouraging foreign governments to require
state-owned and private entities to cease all investment in, and support of,
Iran's energy sector and all exports of refined petroleum products to
Iran.(2)None of the funds appropriated or otherwise
made available in this Act under the heading Export-Import Bank of the
United States may be used by the Export-Import Bank of the United
States to provide any new financing (including loans, guarantees, other
credits, insurance, and reinsurance) to any person or entity that is subject to
sanctions under paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act
of 1996 (Public Law 104–172).(3)The reporting requirements in section
7043(c) in division F of Public Law 111–117 shall continue in effect during
fiscal year 2013 as if part of this Act:
Provided, That the date in
subsection (c)(1) shall be deemed to be September 30,
2013.(d)Iraq(1)Of the funds appropriated under titles III,
IV, and VIII of this Act, not more than
$582,347,000 may be made available for
assistance for Iraq, including not more than
$100,000,000 from funds appropriated under the
heading Economic Support Fund and not more than
$450,000,000 from funds appropriated under the
heading “Foreign Military Financing Program”.(2)Funds appropriated by this Act for
assistance for the Government of Iraq should be made available only if the
Secretary of State certifies to the Committees on Appropriations that such
government is supporting free and fair elections and implementing policies
to—(A)publicly disclose the national budget,
including for the military and police; and(B)protect judicial independence; freedom of
expression, association, assembly, and religion; the right of political
opposition parties, civil society organizations, women activists, and
journalists to operate without harassment or interference; and due process of
law.(3)Funds appropriated or otherwise made
available by this Act for assistance for Iraq shall be made available in
accordance with the cost-matching and other requirements in the Department of
State’s April 9, 2009 Guidelines for Government of Iraq Financial
Participation in United States Government-Funded Civilian Foreign Assistance
Programs and Projects:
Provided, That the Secretaries of
State and the Treasury shall work with Iraq’s Ministry of Finance to complete
the review required by the International Monetary Fund of Iraq’s outstanding
advances.(4)Funds appropriated by this Act under titles
III and VI for assistance for Iraq may be made available notwithstanding any
other provision of law, except for this subsection and section 620M of the
Foreign Assistance Act of 1961, as amended by this Act.(e)Lebanon(1)None of the funds appropriated by this Act
may be made available for the Lebanese Armed Forces (LAF) if the LAF is
controlled by a foreign terrorist organization, as defined by section 219 of
the Immigration and Nationality Act.(2)Funds appropriated by this Act under the
heading Foreign Military Financing Program for assistance for
Lebanon may be made available only to professionalize the LAF and to strengthen
border security and combat terrorism, including training and equipping the LAF
to secure Lebanon's borders, interdicting arms shipments, preventing the use of
Lebanon as a safe haven for terrorist groups, and to implement United Nations
Security Council Resolution 1701:
Provided, That funds may not be
made available for obligation for assistance for the LAF until the Secretary of
State submits a detailed spend plan to the Committees on Appropriations, except
such plan may not be considered as meeting the notification requirements under
section 7015 of this Act or under section 634A of the Foreign Assistance Act of
1961, and shall be submitted not later than September 1, 2013:
Provided further,
That not later than 90 days after enactment of this Act, the Secretary of State
shall consult with the Committees on Appropriations on the activities of the
LAF, assistance provided to the LAF by the United States, and actions taken to
ensure that such assistance is used for intended purposes.(3)Funds appropriated by this Act under titles
III and VI for assistance for Lebanon may be made available notwithstanding any
other provision of law, except for this subsection and section 620M of the
Foreign Assistance Act of 1961, as amended by this Act.(f)LibyaFunds appropriated by this Act for
activities to promote democracy, transparent and accountable governance, human
rights, transitional justice, and the rule of law in Libya shall be made
available, to the maximum extent practicable, on a cost matching basis:
Provided, That none of the funds
appropriated by this Act may be made available for assistance for Libya for
infrastructure projects, except on a loan basis with terms favorable to the
United States, and only following consultation with the Committees on
Appropriations.(g)MoroccoPrior to the obligation of funds
appropriated by this Act under the heading Foreign Military Financing
Program for assistance for Morocco, the Secretary of State shall submit
a report to the Committees on Appropriations on steps taken during the previous
12 months by the Government of Morocco to—(1)protect freedom of expression, association,
and assembly regarding the status and future of the Western Sahara, and due
process of law;(2)release prisoners of conscience;(3)support a human rights monitoring and
reporting role for the United Nations Mission in Western Sahara in cooperation
with the Office of the United Nations High Commissioner for Human Rights;
and(4)provide unimpeded access to human rights
organizations, journalists, and representatives of foreign governments to the
Western Sahara.(h)Syria(1)Funds appropriated by this Act shall be
made available for activities to support civil society organizations that
support democratic principles in Syria, including communications equipment and
technical training:
Provided, That such activities
shall be considered democracy and human rights programs in accordance with
section 7034(f) of this Act: Provided
further, That not later than 90 days after enactment of this
Act and every 90 days thereafter until September 30, 2013, the Secretary of
State shall submit a report to the Committees on Appropriations describing the
activities conducted in support of such organizations, and the equipment and
technical training provided: Provided
further, That such technical training shall include
instruction on democratic governance and respect for human rights.(2)Funds appropriated by this Act shall be
made available for humanitarian relief for civilian victims of political
violence in Syria.(i)TunisiaOf the funds appropriated under titles III
and IV of this Act, not less than $39,100,000
shall be made available for assistance for Tunisia.(j)YemenOf the funds appropriated under titles III
and IV of this Act, not less than $77,000,000
may be made available for assistance for Yemen:
Provided, That not later than 60
days after enactment of this Act and prior to the initial obligation of such
funds, the Secretary of State, in consultation with the heads of relevant
Federal agencies and the Government of Yemen, shall submit a counterinsurgency
strategy to the Committees on Appropriations:
Provided further, That none of the funds appropriated by
this Act may be made available for the Armed Forces of Yemen if such forces are
controlled by a foreign terrorist organization, designated pursuant to section
219 of the Immigration and Nationality Act.Serbia7042.(a)Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia after May 31,
2013, if the Secretary of State has made the determination required in
subsection (c).(b)After May 31, 2013, the Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions to support loans and assistance to the
Government of Serbia subject to the requirement in subsection (c).(c)The determination referred to in subsection
(a) is a determination made by the Secretary of State and reported in writing
to the Committees on Appropriations that the Government of Serbia is
cooperating with the International Criminal Tribunal for the former
Yugoslavia.(d)This section shall not apply to
humanitarian assistance or assistance to promote democracy.Africa (including transfer of
funds)7043.(a)Central
AfricaOf the funds
appropriated under the heading Economic Support Fund, up to
$10,000,000 shall be made available for programs
and activities in areas affected by the Lord's Resistance Army (LRA) consistent
with the goals of the Lord’s Resistance Army Disarmament and Northern Uganda
Recovery Act (Public Law 111–172), including to improve physical access,
telecommunications infrastructure, and early-warning mechanisms and to support
the disarmament, demobilization, and reintegration of former LRA combatants,
especially child soldiers.(b)Conflict minerals(1)Funds appropriated by this Act should be
made available for programs in the Democratic Republic of the Congo to
implement the Organization for Economic Cooperation and Development’s due
diligence guidance for mining in conflict areas.(2)Funds appropriated by this Act under the
heading Foreign Military Financing Program may be made available
for assistance for Rwanda or Uganda unless the Secretary of State has credible
information that the Government of Rwanda or the Government of Uganda is
providing political, military or financial support to armed groups in the
Democratic Republic of the Congo (DRC) that are involved in the illegal
exportation of minerals out of the DRC or have violated human rights.(3)The restriction in paragraph (2) shall not
apply to assistance to improve border controls to prevent the illegal
exportation of minerals out of the DRC by such groups, to protect humanitarian
relief efforts, or to support the training and deployment of members of the
Rwandan or Ugandan militaries in international peacekeeping operations or to
conduct operations against the Lord's Resistance Army.(c)Counterterrorism programs(1)Of the funds appropriated by this Act, not
less than $55,000,000 should be made available
for the Trans-Sahara Counter-terrorism Partnership program, and not less than
$25,000,000 should be made available for the
Partnership for Regional East Africa Counterterrorism program.(2)Of the funds appropriated by this Act under
the heading Economic Support Fund,
$10,000,000 shall be made available for programs
to counter extremism in East Africa, in addition to such sums that may
otherwise be made available for such purposes.(d)Crisis ResponseNotwithstanding any other provision of law,
up to $25,000,000 of the funds appropriated by
this Act under the heading Global Health Programs for HIV/AIDS
activities may be transferred to, and merged with, funds appropriated under the
headings Economic Support Fund and Transition
Initiatives to respond to unanticipated crises in Africa, except that
funds shall not be transferred unless the Secretary of State certifies to the
Committees on Appropriations that no individual currently on anti-retroviral
therapy supported by such funds shall be negatively impacted by the transfer of
such funds:
Provided, That the authority of
this subsection shall be subject to prior consultation with the Committees on
Appropriations.(e)Expanded international military education
and training(1)Funds appropriated under the heading
International Military Education and Training (IMET) in this Act
that are made available for assistance for Angola, Cameroon, Central African
Republic, Chad, Côte d’Ivoire, Guinea and Zimbabwe may be made available only
for training related to international peacekeeping operations and expanded
IMET:
Provided, That the limitation
included in this paragraph shall not apply to courses that support training in
maritime security for Angola and Cameroon.(2)None of the funds appropriated under the
heading International Military Education and Training in this
Act may be made available for assistance for Equatorial Guinea or
Somalia.(f)Ethiopia(1)Funds appropriated by this Act that are
available for assistance for Ethiopian military and police forces shall not be
made available unless the Secretary of State—(A)certifies to the Committees on
Appropriations that the Government of Ethiopia is implementing policies
to—(i)publicly disclose the military and police
budgets;(ii)protect judicial independence; freedom of
expression, association, assembly, and religion; the right of political
opposition parties, civil society organizations, and journalists to operate
without harassment or interference; and due process of law; and(iii)permit access to human rights and
humanitarian organizations to the Somali region of Ethiopia; and(B)submits a report to the Committees on
Appropriations on the types and amounts of United States training and equipment
proposed to be provided to the Ethiopian military and police including steps
that will be taken to ensure that such assistance is not provided to military
or police units or personnel that have violated human rights, and steps taken
by the Government of Ethiopia to investigate and prosecute members of the
Ethiopian military and police who have been credibly alleged to have violated
such rights.(2)The restriction in paragraph (1) shall not
apply to assistance to Ethiopian military efforts in support of international
peacekeeping operations, border security, and for assistance to the Ethiopian
Defense Command and Staff College.(g)PiracyNot later than 180 days after enactment of
this Act, and following consultation with other relevant Federal agencies, the
Secretary of State shall submit to the Committees on Appropriations a diplomacy
and development counter-piracy strategy for the Horn of Africa region,
including an assessment of the potential effectiveness of economic and security
assistance for vulnerable Somali and Kenyan communities in providing gainful
alternatives to piracy and encouraging collective action within such
communities against groups and individuals involved in piracy.(h)South AfricaNot later than 180 days after enactment of
this Act, and following consultation with the Government of South Africa, the
Secretary of State shall submit a transition strategy to the Committees on
Appropriations for the President’s Emergency Program for AIDS Relief in South
Africa, including projected trajectories for levels and types of United States
assistance.(i)Sudan(1)Notwithstanding any other provision of law,
none of the funds appropriated by this Act may be made available for assistance
for the Government of Sudan.(2)Notwithstanding the restriction in
paragraph (1), up to $250,000,000 of the funds
appropriated under the heading Economic Support Fund in this Act
may be transferred to, and merged with, funds available under the heading
Department of Treasury, Debt Restructuring in title III of prior
acts making appropriations for the Department of State, foreign operations, and
related programs for the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for the cost of selling, reducing, or canceling amounts owed to
the United States as a result of concessional loans made to Sudan:
Provided, That such funds may be
made available only if the Secretary of State determines and reports to the
Committees on Appropriations that Sudan is implementing the agreement reached
by the Governments of Sudan and South Sudan under the Comprehensive Peace
Agreement, including a political resolution of the conflict in Southern
Kordofan and Blue Nile, and other legislative requirements related to Heavily
Indebted Poor Countries debt relief, including determinations on human rights
and state sponsorship of terrorism.(3)The limitations of paragraphs (1) and (2)
shall not apply to—(A)humanitarian assistance;(B)assistance for the Darfur region, Southern
Kordofan, Blue Nile, other marginalized areas and populations in Sudan, and
Abyei; and(C)assistance to support implementation of the
Comprehensive Peace Agreement (CPA), mutual arrangements related to
post-referendum issues associated with the CPA, or to promote peace and
stability between Sudan and South Sudan, or any other internationally
recognized viable peace agreement in Sudan.(j)South Sudan(1)Funds appropriated by this Act should be
made available for assistance for South Sudan, including to increase
agricultural productivity, prevent and respond to gender-based violence,
promote women's leadership, expand educational opportunities especially for
girls, strengthen democratic institutions and the rule of law, and enhance the
capacity of the Federal Legislative Assembly to conduct oversight over
government processes, revenues, and expenditures.(2)Not less than 15 days prior to the
obligation of funds appropriated by this Act that are available for assistance
for the Government of South Sudan, the Secretary of State shall submit a report
to the Committees on Appropriations detailing the extent to which the
Government of South Sudan is—(A)supporting freedom of expression and
association, the establishment of democratic institutions including an
independent judiciary, parliament, and security forces that are accountable to
civilian authority; and(B)investigating and punishing members of
security forces who have violated human rights.(3)The Secretary of State shall seek to obtain
regular audits of the financial accounts of the Government of South Sudan to
ensure transparency and accountability of funds, including revenues from the
extraction of oil and gas, and the timely, public disclosure of such audits:
Provided, That the Secretary
should assist the Government of South Sudan in conducting such audits, and
provide technical assistance to enhance the capacity of the National Auditor
Chamber to carry out its responsibilities, and shall submit a report not later
than 90 days after enactment of this Act to the Committees on Appropriations
detailing the steps that will be taken by the Government of South Sudan, which
are additional to those taken in the previous fiscal year, to improve resource
management and ensure transparency and accountability of funds.(k)War crimes in africa(1)The Congress reaffirms its support for the
efforts of the International Criminal Tribunal for Rwanda (ICTR) and the
Special Court for Sierra Leone (SCSL) to bring to justice individuals
responsible for war crimes and crimes against humanity in a timely
manner.(2)Funds appropriated by this Act may be made
available for assistance for the central government of a country in which
individuals indicted by the ICTR and the SCSL are credibly alleged to be
living, if the Secretary of State determines and reports to the Committees on
Appropriations that such government is cooperating with the ICTR and the SCSL,
including the apprehension, surrender, and transfer of indictees in a timely
manner:
Provided, That this paragraph
shall not apply to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to assistance under title VI of this Act:
Provided further,
That the United States shall use its voice and vote in the United Nations
Security Council to fully support efforts by the ICTR and the SCSL to bring to
justice individuals indicted by such tribunals in a timely manner.(3)The prohibition in paragraph (2) may be
waived on a country-by-country basis if the Secretary of State determines that
doing so is in the national security interest of the United States:
Provided, That prior to
exercising such waiver authority, the Secretary shall submit a report to the
Committees on Appropriations, in classified form if necessary, on—(A)the steps being taken to obtain the
cooperation of the government in apprehending and surrendering the indictee to
the court of jurisdiction;(B)a strategy, including a timeline, for
bringing the indictee before such court; and(C)the justification for exercising the waiver
authority.(l)Zimbabwe(1)The Secretary of the Treasury shall
instruct the United States executive director of each international financial
institution to vote against any extension by the respective institution of any
loans or grants to the Government of Zimbabwe, except to meet basic human needs
or to promote democracy, unless the Secretary of State determines and reports
in writing to the Committees on Appropriations that the rule of law has been
restored in Zimbabwe, including respect for ownership and title to property,
freedom of speech and association.(2)None of the funds appropriated by this Act
shall be made available for assistance for the central Government of Zimbabwe,
except for health, education, and macroeconomic growth assistance, unless the
Secretary of State makes the determination required in paragraph (1).East Asia and the
Pacific7044.(a)Assistance(1)Not later than 180 days after enactment of
this Act, the Secretary of State, in consultation with the heads of other
relevant Federal agencies, shall submit to the Committees on Appropriations a
multi-year strategy for the advancement of United States interests in the East
Asia and Pacific region, to include a description of the process for
coordinating assistance and policy between the Department of State and such
other agencies.(2)Funds appropriated by this Act under the
heading Economic Support Fund may be made available, following
consultation with the Committees on Appropriations, for East Asia and Pacific
regional programs that include countries or governments otherwise ineligible
for United States assistance, notwithstanding any other provision of
law.(b)BurmaFunds appropriated by this Act under the
heading Economic Support Fund may be made available for Burma
notwithstanding any other provision of law, except that no funds shall be made
available to any successor or affiliated organization of the State Peace and
Development Council (SPDC) controlled by former SPDC members that promote the
repressive policies of the SPDC:
Provided, That such funds shall
be made available for programs along Burma’s border and for Burmese groups and
organizations located outside of Burma, and may be available to support
programs in Burma:
Provided further,
That in addition to assistance for Burmese refugees from funds appropriated by
this Act under the heading Migration and Refugee Assistance,
funds shall be made available for community-based organizations operating in
Thailand to provide food, medical, and other humanitarian assistance to
internally displaced persons in eastern Burma:
Provided further,
That funds appropriated by this Act for assistance for Burma shall be provided,
to the maximum extent practicable, through credible, indigenous nongovernmental
organizations, and shall be used to build the capacity of such organizations:
Provided further,
That funds appropriated by this Act for assistance for Burma should be matched,
to the maximum extent practicable, by the Government of Burma and/or other
international donors:
Provided further,
That any new program or activity in Burma funded by this Act shall be subject
to prior consultation with the Committees on Appropriations, and all such funds
shall be subject to the regular notification procedures of the Committees on
Appropriations.(c)Cambodia(1)None of the funds appropriated by this Act
may be may available for a United States contribution to a Khmer Rouge
Tribunal—(A)if the Secretary of State certifies to the
Committees on Appropriations that the Prime Minister of Cambodia is directly or
indirectly interfering with the operations and deliberations of such Tribunal;
and(B)unless the United Nations and the
Government of Cambodia are taking credible steps to address allegations of
corruption and mismanagement within such Tribunal.(2)Funds appropriated by this Act under the
headings International Military Education and Training and
Foreign Military Financing Program that are made available for
assistance for Cambodia shall be made available to promote human rights within
the Royal Cambodian Armed Forces:
Provided, That not less than 90
days after enactment of this Act, the Secretary of State shall submit a report
to the Committees on Appropriations detailing specific programs conducted to
promote human rights.(d)IndonesiaOf the funds appropriated by this Act under
the heading Foreign Military Financing Program that are
available for assistance for Indonesia,
$2,000,000 may not be obligated until the
Secretary of State submits to the Committees on Appropriations the report on
Indonesia required under such heading in the report accompanying this
Act.(e)North Korea(1)Of the funds made available under the
heading International Broadcasting Operations in title I of this
Act, not less than $8,960,000 shall made
available for broadcasts into North Korea.(2)Funds appropriated by this Act under the
heading Migration and Refugee Assistance shall be made available
for assistance for refugees from North Korea, including for protection
activities in the People’s Republic of China.(f)People's Republic of China(1)None of the funds appropriated under the
heading Diplomatic and Consular Programs in this Act may be
obligated or expended for processing licenses for the export of satellites of
United States origin (including commercial satellites and satellite components)
to the People's Republic of China unless, at least 15 days in advance, the
Committees on Appropriations are notified of such proposed action.(2)The terms and requirements of section
620(h) of the Foreign Assistance Act of
1961 shall apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the People's Republic of China, to include
such projects or activities by any entity that is owned or controlled by, or an
affiliate of, the PLA:
Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act may be used to
finance any grant, contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is owned or controlled
by, or an affiliate of, the PLA.(3)Notwithstanding any other provision of law,
of the funds appropriated under the heading Economic Support
Fund, not less than $15,000,000 shall be
made available to United States institutions of higher education and
nongovernmental organizations for programs and activities in the People’s
Republic of China relating to democracy, governance, rule of law, labor rights,
and the environment.(4)Funds appropriated by this Act under the
headings Development Assistance, Economic Support
Fund, and International Narcotics Control and Law
Enforcement shall be made available for assistance for economic and
trade development, transparency, good governance, and human rights in the
Africa, Asia, and South America regions in countries in which the People’s
Republic of China provides substantial assistance to the central government of
such country, subject to the regular notification procedures of the Committees
on Appropriations:
Provided, That funds made
available pursuant to this paragraph may be transferred to, and merged with,
funds made available under the heading “Millennium Challenge Corporation”, and
shall be matched, to the maximum extent practicable, from sources other than
the Government of the United States.(g)PhilippinesOf the funds appropriated by this Act under
the heading Foreign Military Financing Program that are
available for assistance for the Philippines,
$3,000,000 may not be obligated until the
Secretary of State submits to the Committees on Appropriations the report on
the Philippines required under such heading in the report accompanying this
Act.(h)Tibet(1)The Secretary of the Treasury should
instruct the United States executive director of each international financial
institution to use the voice and vote of the United States to support projects
in Tibet if such projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the transfer of ownership
of Tibetan land and natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people and respect
Tibetan culture and traditions, and are subject to effective monitoring.(2)Notwithstanding any other provision of law,
funds appropriated by this Act under the heading Economic Support
Fund shall be made available to nongovernmental organizations to
support activities which preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in other Tibetan communities in China.(i)VietnamOf the funds appropriated under the heading
Economic Support Fund, not less than
$20,000,000 shall be made available for
remediation of dioxin contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including the military, for such
purposes, and not less than $5,000,000 of the
funds appropriated under the heading Global Health Programs
shall be made available for health/disability activities in areas sprayed or
otherwise contaminated with dioxin.western
hemisphere7045.(a)Colombia(1)Funds appropriated by this Act and made
available to the Department of State for assistance for the Government of
Colombia may be used to support a unified campaign against narcotics
trafficking, organizations designated as Foreign Terrorist Organizations, and
other criminal or illegal armed groups; for disarmament, demobilization, and
reintegration of former combatants; and to take actions to protect human health
and welfare in emergency circumstances, including undertaking rescue
operations:
Provided, That no United States
Armed Forces personnel or United States civilian contractor employed by the
United States will participate in any combat operation in connection with
assistance made available by this Act for Colombia:
Provided further,
That rotary and fixed wing aircraft supported with funds appropriated under the
heading International Narcotics Control and Law Enforcement for
assistance for Colombia may be used for aerial or manual drug eradication and
interdiction including to transport personnel and supplies and to provide
security for such operations:
Provided further,
That such aircraft may also be used to provide transport in support of
alternative development programs and investigations by civilian judicial
authorities: Provided further,
That funds appropriated by this Act for the Colombian national police may not
be used for the aerial spraying of toxic chemicals unless the Secretary of
State, after consultation with the Administrator of the Environmental
Protection Agency and the Secretary of the Department of Health and Human
Services, certifies to the Committees on Appropriations that the chemicals, in
the manner they are being sprayed, do not pose unreasonable risks or adverse
effects to humans, including pregnant women and children, or the environment,
including endemic species:
Provided further,
That any complaints of harm to health or licit crops caused by such aerial
spraying shall be thoroughly investigated and evaluated, and fair compensation
paid in a timely manner for meritorious claims:
Provided further,
That the Secretary of State shall submit a report to the Committees on
Appropriations not later than 6 months after enactment of this Act and 6 months
thereafter, detailing the complaints made during the previous 6 months, the
investigations conducted, and the amount of compensation, if any:
Provided further,
That none of the funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and related
programs may be made available for assistance for successor organizations to
the Colombian Departamento Administrativo de Seguridad:
Provided further,
That none of the funds appropriated by this Act shall be made available for the
cultivation or processing of African oil palm.(2)Colombian armed forcesOf the funds appropriated by this Act that
are available for assistance for the Colombian Armed Forces, 25 percent may be
obligated only if the Secretary of State consults with, and subsequently
certifies and submits a report to, the Committees on Appropriations that the
Government of Colombia and Colombian Armed Forces are meeting the conditions
that appear under this section in the report accompanying this Act:
Provided, That the requirement to
withhold funds from obligation shall not apply with respect to funds made
available under the heading “International Narcotics Control and Law
Enforcement” in this Act for continued support for the Critical Flight Safety
Program or for any alternative development programs in Colombia administered by
the Bureau of International Narcotics and Law Enforcement Affairs of the
Department of State:
Provided further,
That not less than 30 days prior to making the certification the Secretary of
State shall consult with Colombian and international human rights
organizations.(3)Illegal armed groups(A)Denial of visasSubject to subparagraph (B), the Secretary
of State shall not issue a visa to any alien about whom the Secretary has
credible information—(i)has willfully provided any support to or
benefitted from the Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), the United Self-Defense Forces of Colombia (AUC), or
other illegal armed groups, including taking actions or failing to take actions
which allow, facilitate, or otherwise foster the activities of such groups;
or(ii)has committed, ordered, incited, assisted,
or otherwise participated in the commission of a violation of human rights in
Colombia.(B)WaiverSubparagraph (A) shall not apply if the
Secretary of State certifies to the Committees on Appropriations, on a
case-by-case basis, that the issuance of a visa to the alien is necessary to
support the peace process in Colombia or for urgent humanitarian
reasons.(b)GuatemalaFunds appropriated by this Act under the
headings International Military Education and Training (IMET)
and “Foreign Military Financing Program” that are available for assistance for
Guatemala may be made available only for the Guatemalan Air Force, Navy, and
Army Corps of Engineers:
Provided, That expanded IMET may
be made available for assistance for the Guatemalan Army.(c)HaitiThe Government of Haiti shall be eligible
to purchase defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.) for the Coast Guard.(d)Honduras(1)Of the funds appropriated by this Act that
are available for assistance for Honduran military and police forces, 25
percent may be obligated only if the Secretary of State reports in writing to
the Committees on Appropriations that the Government of Honduras and Honduran
military and police forces are meeting the conditions that appear under this
section in the report accompanying this Act.(2)The restriction in paragraph (1) shall not
apply to assistance to promote transparency, anti-corruption, and the rule of
law within the military and police forces.(e)Mexico(1)Of the funds appropriated by this Act that
are available for assistance for Mexican military and police forces, 15 percent
may be obligated only if the Secretary of State reports in writing to the
Committees on Appropriations that the Government of Mexico and Mexican military
and police forces are meeting the conditions that appear under this section in
the report accompanying this Act.(2)The restriction in paragraph (1) shall not
apply to assistance to promote transparency, anti-corruption, and the rule of
law within the military and police forces.(f)Trade
capacityOf the funds
appropriated by this Act, not less than
$12,000,000 under the heading Development
Assistance and not less than $12,000,000
under the heading Economic Support Fund shall be made available
for labor and environmental capacity building activities relating to free trade
agreements with countries of Central America, Peru, the Dominican Republic,
Colombia, and Mexico.(g)Aircraft operations and
maintenanceTo the maximum
extent practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act should be borne by the recipient country.South and Central Asia
7046.(a)Afghanistan(1)LimitationOf the funds appropriated under titles III,
IV, and VIII of this Act, not more than
$1,580,750,000 may be made available for
assistance for Afghanistan, including not more than
$1,075,000,000 from funds appropriated under the
heading Economic Support Fund and not more than
$450,000,000 from funds appropriated under the
heading International Narcotics Control and Law
Enforcement.(2)CertificationNone of the funds appropriated or otherwise
made available by this Act under the headings Economic Support
Fund and International Narcotics Control and Law
Enforcement may be obligated for assistance for the Government of
Afghanistan until the Secretary of State, in consultation with the USAID
Administrator, certifies to the Committees on Appropriations that—(A)Funds will be used for programs and
activities that can be sustained by the Government of Afghanistan.(B)The Government of Afghanistan is—(i)reducing corruption and improving
governance, including by investigating, prosecuting, sanctioning, or removing
corrupt officials from office and implementing financial transparency and
accountability measures for government institutions and officials (including
the Central Bank) as well as conducting oversight of public resources;(ii)implementing policies to protect due
process of law;(iii)taking credible and consistent steps to
protect the human rights of Afghan women;(iv)taking significant steps to facilitate
active public participation in governance and oversight; and(v)publishing mining contracts and associated
project documents.(C)Funds will be used to support and
strengthen the capacity of Afghan public and private institutions and entities
to reduce corruption and to improve transparency and accountability of
national, provincial, and local governments, and such governments are actively
supporting such efforts.(D)Representatives of Afghan national,
provincial, or local governments, and local communities and civil society
organizations, including women's organizations, will be consulted and
participate in the design of programs, projects, and activities, including
participation in implementation and oversight, and the development of specific
benchmarks to measure progress and outcomes.(3)Assistance(A)Funds appropriated or otherwise made
available by this Act for assistance for Afghanistan may be made available as a
United States contribution to the Afghanistan Reconstruction Trust Fund (ARTF)
unless the Secretary of State determines and reports to the Committees on
Appropriations that the World Bank Monitoring Agent of the ARTF is unable to
conduct its financial control and audit responsibilities.(B)Funds appropriated under the headings
‘‘Economic Support Fund’’ and “International Narcotics Control and Law
Enforcement” in this Act that are available for assistance for
Afghanistan—(i)shall be made available in a manner that
emphasizes the equitable participation of Afghan women, prevents and responds
to gender-based violence, and directly improves the security, economic and
social well-being, and political status, and protects the rights of, Afghan
women, girls, and boys and complies with section 7059 of this Act, including
support for the Afghan Independent Human Rights Commission, the Afghan Ministry
of Women’s Affairs, and women-led organizations; and(ii)may be made available for a United States
contribution to an internationally managed fund to support the reconciliation
with and disarmament, demobilization, and reintegration into Afghan society of
former combatants who have renounced violence against the Government of
Afghanistan:
Provided, That funds may be made
available to support reconciliation and reintegration activities only
if:(I)Afghan women are participating at national,
provincial, and local levels of government in the design, policy formulation,
and implementation of the reconciliation or reintegration process, and such
process protects the rights of Afghan women; and(II)such funds will not be used to support any
pardon or immunity from prosecution, or any position in the Government of
Afghanistan or security forces, for any leader of an armed group responsible
for crimes against humanity, war crimes, or acts of terrorism.(C)The authority contained in section 1102(c)
of Public Law 111–32 shall continue in effect during fiscal year 2013 and shall
apply as if part of this Act.(D)(i)Of the funds appropriated by this Act that
are made available for assistance for Afghanistan, not less than
$75,000,000 shall be made available for rule of
law programs:
Provided, That decisions on the
uses of such funds shall be the responsibility of the Coordinator for Rule of
Law (the Coordinator), in consultation with the Interagency Planning and
Implementation Team, at the United States Embassy in Kabul, Afghanistan.(ii)The Coordinator shall be consulted on the
use of all funds appropriated by this Act for rule of law programs in
Afghanistan.(E)Funds appropriated by this Act or any other
Act that are available for the construction of any water, energy,
transportation, or other infrastructure assistance project in Afghanistan that
is estimated to cost more than $15,000,000 and
requires the concurrence of, or is developed jointly with, the Secretary of
State or the USAID Administrator, should not receive such concurrence unless
the Secretary or the Administrator, as appropriate, first reports in writing to
the Committees on Appropriations—(i)that the project is based on best
development practices including lessons learned from recent audits of similar
projects;(ii)that the Government of Afghanistan has a
credible plan to sustain the project; and(iii)the contingency plan to mitigate the risk
of sustainment failure.(F)None of the funds made available by this
Act shall be used to support or continue any program or activity initially
funded under the authority of the Task Force for Business and Stability
Operations, unless the Secretary of State, in consultation with the USAID
Administrator and the Secretary of Defense, has provided a detailed
justification for such program or activity to the Committees on Appropriations,
including—(i)an explanation of why the Department of
Defense is no longer funding such program or activity;(ii)steps by the Government of Afghanistan to
include funding for such program or activity in its national budget;(iii)benchmarks to measure the impact of such
program or activity; and(iv)a description of management controls in
place to ensure funds are used for intended purposes.(G)None of the funds appropriated or otherwise
made available by this Act may be used by the Government of the United States
to enter into a permanent basing rights agreement between the United States and
Afghanistan.(H)Any significant modification to the scope,
objectives, or implementation mechanisms of United States assistance programs
in Afghanistan shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, except that the
prior consultation requirement may be waived in a manner consistent with
section 7015(e) of this Act.(I)Funds appropriated under titles III through
VI of this Act that are made available for assistance for Afghanistan may be
made available notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance Act of 1961.(J)Funds appropriated under titles III and IV
of this Act for assistance for Afghanistan shall be matched, to the maximum
extent practicable, from sources other than the Government of the United
States.(4)Reports(A)The spend plan required by section 7076 of
this Act for assistance for Afghanistan shall include achievable and
sustainable goals, benchmarks for measuring progress, and expected results
regarding furthering development in Afghanistan and establishing conditions
conducive to the rule of law and transparent and accountable governance:
Provided, That not later than 6
months after submission of such spend plan, and each 6 months thereafter until
September 30, 2014, the Secretary of State shall submit a report to the
Committees on Appropriations on the status of achieving the goals and
benchmarks in such plan.(B)The Secretary of State should suspend
assistance for the Government of Afghanistan if any report required by
paragraph (A) indicates that Afghanistan is failing to make measurable progress
in meeting such goals or benchmarks.(5)OversightThe Special Inspector General for
Afghanistan Reconstruction and the Inspectors General of the Department of
State and USAID, shall jointly develop and submit to the Committees on
Appropriations within 45 days of enactment of this Act a coordinated audit and
inspection plan of United States assistance for, and civilian operations in,
Afghanistan.(b)Nepal(1)Funds appropriated by this Act under the
heading Foreign Military Financing Program may be made available
for assistance for Nepal only if the Secretary of State certifies to the
Committees on Appropriations that the Nepal Army is—(A)cooperating fully with investigations and
prosecutions of violations of human rights by civilian judicial authorities;
and(B)working constructively to redefine the
Nepal Army's mission and adjust its size accordingly, implement reforms
including strengthening the capacity of the civilian ministry of defense to
improve budget transparency and accountability, and facilitate the integration
of former rebel combatants into the security forces including the Nepal Army,
consistent with the goals of reconciliation, peace and stability.(2)The conditions in paragraph (1) shall not
apply to assistance for humanitarian relief and reconstruction activities in
Nepal.(c)Pakistan(1)Certification(A)None of the funds appropriated or otherwise
made available by this Act under the headings “Economic Support Fund”,
“International Narcotics Control and Law Enforcement”, “Foreign Military
Financing Program”, and “Pakistan Counterinsurgency Capability Fund” for
assistance for the Government of Pakistan may be made available unless the
Secretary of State certifies to the Committees on Appropriations that the
Government of Pakistan is—(i)cooperating with the United States in
counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic and foreign
terrorist organizations, including taking steps to end support for such groups
and prevent them from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;(ii)not supporting terrorist activities against
United States or coalition forces in Afghanistan, and Pakistan’s military and
intelligence agencies are not intervening extra-judicially into political and
judicial processes in Pakistan;(iii)dismantling improvised explosive device
(IED) networks and interdicting precursor chemicals used in the manufacture of
IEDs;(iv)preventing the proliferation of
nuclear-related material and expertise;(v)implementing policies to protect judicial
independence and due process of law;(vi)issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts and assistance programs in
Pakistan; and(vii)providing humanitarian organizations access
to detainees, internally displaced persons, and other Pakistani civilians
affected by the conflict.(B)The Secretary of State may waive the
requirements of subparagraph (A) if it is important to the national security
interests of the United States.(2)Assistance(A)Of the funds appropriated under titles III,
IV, and VIII of this Act, not more than
$800,346,000 may be made available for
assistance for Pakistan, including not more than
$375,000,000 from funds appropriated under the
heading Economic Support Fund, not more than
$100,000,000 from funds appropriated under the
heading International Narcotics Control and Law Enforcement, not
more than $250,000,000 from funds appropriated
under the heading Foreign Military Financing Program, and not
more than $50,000,000 from funds appropriated
under the heading Pakistan Counterinsurgency Capability
Fund.(B)Funds appropriated by this Act under the
headings Foreign Military Financing Program and Pakistan
Counterinsurgency Capability Fund for assistance for Pakistan may be
made available only to support counterterrorism, counterinsurgency, and
counterpiracy capabilities in Pakistan, and are subject to section 620M of the
Foreign Assistance Act of 1961, as amended by this Act.(C)Funds appropriated by this Act under the
heading Economic Support Fund that are available for assistance
for Pakistan should be made available to interdict precursor materials from
Pakistan to Afghanistan that are used to manufacture improvised explosive
devices, including calcium ammonium nitrate; to support programs to train
border and customs officials in Pakistan and Afghanistan; and for agricultural
extension programs that encourage alternative fertilizer use among Pakistani
farmers.(D)Funds appropriated by this Act under the
heading Economic Support Fund that are available for assistance
for Pakistan may be made available for the Chief of Mission Fund, as authorized
by section 101(c)(5) of Public Law 111–73.(E)Funds appropriated by this Act under the
heading “Economic Support Fund” that are made available for assistance for
infrastructure projects in Pakistan shall be implemented in a manner consistent
with section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).(F)Funds appropriated by this Act under titles
III and IV for assistance for Pakistan may be made available notwithstanding
any other provision of law, except for this subsection and section 620M of the
Foreign Assistance Act of 1961, as amended by this Act.(G)Of the funds appropriated by this Act under
the heading Foreign Military Financing Program and made
available for assistance for Pakistan,
$33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on Appropriations that
Dr. Shakil Afridi has been released from prison and cleared of all charged
relating to the assistance provided to the United States in locating Osama bin
Laden.(3)Reports(A)(i)The spend plan required by section 7076 of
this Act for assistance for Pakistan shall include achievable and sustainable
goals, benchmarks for measuring progress, and expected results regarding
furthering development in Pakistan, countering extremism, and establishing
conditions conducive to the rule of law and transparent and accountable
governance:
Provided, That such benchmarks
may incorporate those required in title III of Public Law 111–73, as
appropriate:
Provided further,
That not later than 6 months after submission of such spend plan, and each 6
months thereafter until September 30, 2014, the Secretary of State shall submit
a report to the Committees on Appropriations on the status of achieving the
goals and benchmarks in such plan.(ii)The Secretary of State should suspend
assistance for the Government of Pakistan if any report required by paragraph
(A)(i) indicates that Pakistan is failing to make measurable progress in
meeting such goals or benchmarks.(B)Not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the Committees on
Appropriations detailing the costs and objectives associated with significant
infrastructure projects supported by the United States in Pakistan, and an
assessment of the extent to which such projects achieve such objectives.(d)Sri Lanka(1)None of the funds appropriated by this Act
under the heading Foreign Military Financing Program or under
the Arms Export Control Act may be made available for assistance for Sri Lanka,
no defense export license may be issued, and no military equipment or
technology shall be sold or transferred to Sri Lanka pursuant to the
authorities contained in this Act or any other Act, unless the Secretary of
State certifies to the Committees on Appropriations that the Government of Sri
Lanka is meeting the conditions that appear under this section in the report
accompanying this Act.(2)Paragraph (1) shall not apply to assistance
for humanitarian demining and aerial and maritime surveillance.(3)If the Secretary makes the certification
required in paragraph (1), funds appropriated under the heading Foreign
Military Financing Program that are made available for assistance for
Sri Lanka should be used to support the recruitment and training of Tamils into
the Sri Lankan military, Tamil language training for Sinhalese military
personnel, and human rights training for all military personnel.(4)The Secretary of the Treasury shall
instruct the United States executive directors of the international financial
institutions to vote against any loan, agreement, or other financial support
for Sri Lanka except to meet basic human needs, unless the Secretary of State
certifies to the Committees on Appropriations that the Government of Sri Lanka
is meeting the conditions that appear under this section in the report
accompanying this Act.(e)Regional cross border
programsOf the funds
appropriated by this Act under the heading Economic Support Fund
that are available for assistance for Afghanistan and Pakistan, not less than
$15,000,000 shall be made available,
notwithstanding any other provision of law that restricts assistance to foreign
countries, for cross border stabilization and development programs between
Afghanistan and Pakistan or between either country and the Central Asian
republics.Prohibition of payments to united nations
members7047.None of the funds appropriated or made
available pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may
be used to pay in whole or in part any assessments, arrearages, or dues of any
member of the United Nations or, from funds appropriated by this Act to carry
out chapter 1 of part I of the Foreign
Assistance Act of 1961, the costs for participation of another
country's delegation at international conferences held under the auspices of
multilateral or international organizations.War crimes tribunals
drawdown7048.If the President determines that doing so
will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct a
drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to
$30,000,000 of commodities and services for the
United Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal with such
violations, without regard to the ceiling limitation contained in paragraph (2)
thereof:
Provided, That the determination
required under this section shall be in lieu of any determinations otherwise
required under section 552(c):
Provided further,
That funds made available pursuant to this section shall be made available
subject to the regular notification procedures of the Committees on
Appropriations.UNITED
NATIONS7049.(a)Transparency and accountability(1)Of the funds appropriated under title I and
under the heading “International Organizations and Programs” in title V of this
Act that are available for contributions to any United Nations agency or to the
Organization of American States, 10 percent shall be withheld from obligation
for such agency or organization if the agency or organization is not—(A)publishing on a publicly available Web
site, consistent with privacy regulations and due process, regular financial
and programmatic audits of the agency or organization, and providing the United
States Government with necessary access to such financial and performance
audits; and(B)implementing best practices for the
protection of whistleblowers from retaliation, including for legal burdens of
proof, access to independent adjudicative bodies, results that eliminate the
effects of retaliation, and statutes of limitation for reporting
retaliation.(2)The Secretary of State may waive the
restriction in this subsection on a case-by-case basis if the Secretary
determines and reports that to do so is in the national interest of the United
States.(b)Restrictions on united nations
organizationsNone of the
funds made available under title I of this Act may be used by the Secretary of
State as a contribution to any organization, agency, commission, or program
within the United Nations system if such organization, agency, commission, or
program is chaired or presided over by a country, the government of which the
Secretary of State has determined, for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control Act, section
6(j)(1) of the Export Administration Act of 1979, or any other provision of
law, is a government that has repeatedly provided support for acts of
international terrorism:
Provided, That the Secretary of
State may waive the restriction in this subsection if the Secretary determines
and reports to the Committees on Appropriations that to do so is in the
national interest of the United States.(c)United nations human rights
councilFunds appropriated by
this Act may be made available for voluntary contributions or payment of United
States assessments in support of the United Nations Human Rights Council if the
Secretary of State reports to the Committees on Appropriations that
participation in the Council is in the national interest of the United States:
Provided, That the Secretary of
State shall report to the Committees on Appropriations not later than September
30, 2013, on the resolutions considered in the United Nations Human Rights
Council during the previous 12 months.(d)Capital master planNone of the funds appropriated by this Act
may be made available as a United States contribution for additional costs for
the Capital Master Plan construction project for the United Nations
Headquarters in New York.(e)Reporting requirementNot later than 45 days after enactment of
this Act, the Secretary of State shall submit a report to the Committees on
Appropriation detailing the amount of funds available for obligation or
expenditure in fiscal year 2013 under the headings “Contributions to
International Organizations” and “International Organizations and Programs”
that are withheld from obligation or expenditure due to any provision of law:
Provided, That the Secretary of
State shall update such report each time additional funds are withheld by
operation of any provision of law:
Provided further,
That the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.Community-based police
assistance7050.(a)AuthorityFunds made available by titles III and IV
of this Act to carry out the provisions of chapter 1 of part I and chapters 4
and 6 of part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training and technical
assistance in human rights, the rule of law, anti-corruption, strategic
planning, and through assistance to foster civilian police roles that support
democratic governance, including assistance for programs to prevent conflict,
respond to disasters, address gender-based violence, and foster improved police
relations with the communities they serve.(b)NotificationAssistance provided under subsection (a)
shall be subject to the regular notification procedures of the Committees on
Appropriations.Conferences7051.(a)Attendance at international
conferencesNone of the funds
made available in this Act may be used to send or otherwise pay for the
attendance of more than 50 employees of agencies or departments of the
Government of the United States who are stationed in the United States, at any
single international conference occurring outside the United States, unless the
Secretary of State reports to the Committees on Appropriations at least 5 days
in advance that the additional employees will not perform a redundant function
and such attendance is important to the national interest:
Provided, That for purposes of
this section the term international conference shall mean a
conference attended by representatives of the Government of the United States
and of foreign governments, international organizations, or nongovernmental
organizations.(b)Reports on conference costs(1)The head of any department, agency, board,
or commission funded by this Act shall submit semi-annual reports to the
Inspector General, or senior ethics official for any entity without an
inspector general, of the appropriate department, agency, board, or commission
regarding the costs and contracting procedures relating to each conference held
by such department, agency, board, or commission during fiscal year 2013 for
which the cost to the United States Government was more than
$20,000, and shall post such reports on their
respective Web sites.(2)Each report submitted shall include, for
each conference held during the applicable 6 month period—(A)a description of the purpose;(B)the number of participants
attending;(C)a detailed statement of the cost to the
United States Government; and(D)a description of the contracting
procedures.(3)A grant or contract funded by amounts
appropriated by this Act may not be used for the purpose of defraying the cost
of a conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded.(4)None of the funds made available by this
Act may be used for travel and conference activities that are not in compliance
with the Office of Management and Budget M–12–12 dated May 11, 2012.Aircraft transfer and
coordination7052.(a)Transfer authorityNotwithstanding any other provision of law
or regulation, aircraft procured with funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign operations, and
related programs under the headings Diplomatic and Consular
Programs, International Narcotics Control and Law
Enforcement, Andean Counterdrug Initiative and
Andean Counterdrug Programs may be used for any other program
and in any region, including for the transportation of active and standby
Civilian Response Corps personnel and equipment during a deployment:
Provided, That the responsibility
for policy decisions and justification for the use of such transfer authority
shall be the responsibility of the Secretary of State and the Deputy Secretary
of State and this responsibility shall not be delegated.(b)Property disposalThe authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to the
Committees on Appropriations that the equipment is no longer required to meet
programmatic purposes in the designated country or region:
Provided, That any such transfer
shall be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.(c)Aircraft coordination(1)The uses of aircraft purchased or leased by
the Department of State and USAID with funds made available in this Act or
prior Acts making appropriations for the Department of State, foreign
operations, and related programs shall be coordinated under the authority of
the appropriate Chief of Mission:
Provided, That such aircraft may
be used to transport, on a reimbursable or non-reimbursable basis, Federal and
non-Federal personnel supporting Department of State and USAID programs and
activities:
Provided further,
That official travel for other agencies for other purposes may be supported on
a reimbursable basis, or without reimbursement when traveling on a space
available basis:
Provided further,
That in fiscal year 2013 and thereafter, funds received by the Department of
State for the use of aircraft owned, leased, or chartered by the Department of
State may be credited to the Department's Working Capital Fund and shall be
available for expenses related to the purchase, lease, maintenance, chartering,
or operation of such aircraft.(2)The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of which is the
transportation of personnel.Parking fines and real property taxes owed
by foreign governments7053.The terms and conditions of section 7055 of
division F of Public Law 111–117 shall apply to this Act:
Provided, That the date
September 30, 2009 in subsection (f)(2)(B) shall be deemed to be
September 30, 2012.Landmines and cluster
munitions7054.(a)LandminesNotwithstanding any other provision of law,
demining equipment available to USAID and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in foreign countries, subject to
such terms and conditions as the Secretary of State may prescribe.(b)Cluster munitionsNo military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions may be
issued, and no cluster munitions or cluster munitions technology shall be sold
or transferred, unless—(1)the submunitions of the cluster munitions,
after arming, do not result in more than 1 percent unexploded ordnance across
the range of intended operational environments; and(2)the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or cluster munitions technology
specifies that the cluster munitions will only be used against clearly defined
military targets and will not be used where civilians are known to be present
or in areas normally inhabited by civilians.Prohibition on publicity or
propaganda7055.No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by the
Congress:
Provided, That not to exceed
$25,000 may be made available to carry out the
provisions of section 316 of Public Law 96–533.Limitation on residence
expenses7056.Of the funds appropriated or made available
pursuant to title II of this Act, not to exceed
$100,500 shall be for official residence
expenses of the United States Agency for International Development during the
current fiscal year.United states agency for international
development management(including transfer of
funds)7057.(a)AuthorityUp to
$93,000,000 of the funds made available in title
III of this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may
be used by USAID to hire and employ individuals in the United States and
overseas on a limited appointment basis pursuant to the authority of sections
308 and 309 of the Foreign Service Act of
1980.(b)Restrictions(1)The number of individuals hired in any
fiscal year pursuant to the authority contained in subsection (a) may not
exceed 175.(2)The authority to hire individuals contained
in subsection (a) shall expire on September 30, 2014.(c)ConditionsThe authority of subsection (a) should only
be used to the extent that an equivalent number of positions that are filled by
personal services contractors or other non-direct hire employees of USAID, who
are compensated with funds appropriated to carry out part I of the
Foreign Assistance Act of 1961 are
eliminated.(d)Program account chargedThe account charged for the cost of an
individual hired and employed under the authority of this section shall be the
account to which such individual's responsibilities primarily relate:
Provided, That funds made
available to carry out this section may be transferred to, and merged with,
funds appropriated by this Act in title II under the heading Operating
Expenses.(e)Foreign service limited
extensionsIndividuals hired
and employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations, and
related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980, may be
extended for a period of up to 4 years notwithstanding the limitation set forth
in such section.(f)Disaster surge capacityFunds appropriated under title III of this
Act to carry out part I of the Foreign
Assistance Act of 1961 may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs) of
individuals detailed to or employed by USAID whose primary responsibility is to
carry out programs in response to natural or man-made disasters subject to the
regular notification procedures of the Committees on Appropriations.(g)Personal services contractorsFunds appropriated by this Act to carry out
chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign
Assistance Act of 1961, and title II of the Agricultural Trade Development and
Assistance Act of 1954, may be used by USAID to employ up to 40 personal
services contractors in the United States, notwithstanding any other provision
of law, for the purpose of providing direct, interim support for new or
expanded overseas programs and activities managed by the agency until permanent
direct hire personnel are hired and trained:
Provided, That not more than 15
of such contractors shall be assigned to any bureau or office:
Provided further,
That such funds appropriated to carry out title II of the Agricultural Trade
Development and Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.(h)small
businessIn entering into
multiple award indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity process for placing
task orders under such contracts when the order is placed with any category of
small or small disadvantaged business.(i)Senior foreign service limited
appointmentsIndividuals
hired pursuant to the authority provided by section 7059(o) of division F of
Public Law 111–117 may be assigned to or support programs in Iraq, Afghanistan,
or Pakistan with funds made available in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs.Global health
activities7058.(a)In GeneralFunds appropriated by titles III and IV of
this Act that are made available for bilateral assistance for global health
activities including activities relating to research on, and the prevention,
treatment and control of, HIV/AIDS may be made available notwithstanding any
other provision of law except for provisions under the heading Global
Health Programs and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.),
as amended:
Provided, That of the funds
appropriated under title III of this Act, not less than
$700,000,000 should be made available for family
planning/reproductive health, including in areas where population growth
threatens biodiversity or endangered species.(b)Global fundNot later than September 30, 2013, the
Secretary of State shall submit a report to the Committees on Appropriations
assessing progress by the Global Fund to Fight AIDS, Tuberculosis, and Malaria
(Global Fund) in implementing the recommendations contained in the Final Report
of the High-Level Independent Review Panel on Fiduciary Controls and Oversight
Mechanisms of the Global Fund (the Final Report):
Provided, That the Secretary of
State should consider withholding a portion of the United States contribution
to the Global Fund, if necessary, to further the implementation of such
recommendations, subject to prior consultation with the Committees on
Appropriations, but any such withholding shall not be in addition to funds that
are withheld from the Global Fund in fiscal year 2013 pursuant to the
application of any other provision contained in this or any other Act.(c)Pandemic responseIf the President determines and reports to
the Committees on Appropriations that a pandemic virus is efficient and
sustained, severe, and is spreading internationally, funds made available under
titles III, IV, and VIII in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs may be made
available to combat such virus:
Provided, That funds made
available pursuant to the authority of this subsection shall be subject to
prior consultation with, and the regular notification procedures of, the
Committees on Appropriations.(d)Challenge grantsFunds appropriated by this Act under the
heading Global Health Programs that are administered by the
Office of the United States Global HIV/AIDS Coordinator and made available for
programs to combat HIV/AIDS, shall be made available as challenge grants in
countries receiving assistance from the Global Fund to Fight AIDS, Tuberculosis
and Malaria (the Global Fund):
Provided, That the purpose of
such challenge grants shall be to leverage funding from host country
governments, multilateral organizations, including the World Bank, and/or other
donor governments for activities supported by the Global Fund:
Provided further,
That not later than 180 days after implementation of a challenge grants
program, the Secretary of State shall submit a report to the Committees on
Appropriations assessing the ability of such program to increase funding for
activities supported by the Global Fund from sources other than the United
States Government and recommendations for improving such program.GENDER
PROGRAMS7059.(a)gender equality(1)Of the funds appropriated by this Act, not
less than $1,650,000,000 shall be made available
for gender programs.(2)The Secretary of State and the USAID
Administrator shall make every effort to integrate a focus on gender equality
in Department of State and USAID headquarters and overseas operations,
including in strategic planning and budget allocations, and in monitoring and
evaluation of the impact of United States policies and programs on women and
girls in foreign countries, as appropriate.(3)Funds appropriated by this Act shall be
made available to promote gender equality in United States Government
diplomatic and development efforts by raising the status, increasing the
participation, and protecting the rights of women and girls worldwide,
including by—(A)expanding access to education and health
services for women and girls;(B)providing women and girls access to legal
and other protective services;(C)expanding economic opportunities for poor
women, including increasing the number and capacity of women-owned enterprises
that employ the poor and very poor, improving property rights for women,
increasing access to financial services and capital for women living in
poverty, enhancing the role of women in economic decision-making and the
ability of women to participate in local, national, and global markets;(D)focusing on reducing disparities between
women’s and men’s access to, control over, and ability to benefit economically,
politically, and socially from resources and services;(E)ensuring that programs to strengthen food
security and agricultural development take into account the unique needs of
women, in particular increasing women’s assets and prioritizing access to
inputs, technologies, and technical assistance for women farmers; and(F)increasing the participation of women in
the planning, implementation, monitoring, and evaluation of such efforts,
including by building the capacity of women-focused organizations.(b)Women’s political leadershipOf the funds appropriated under the
headings Development Assistance, Economic Support
Fund, Democracy Fund, and Middle East and North
Africa Incentive Fund in this Act, not less than
$50,000,000 shall be made available for programs
and activities to increase political opportunities for women in countries where
women and girls suffer severe forms of discrimination due to law, policy, or
practice, by strengthening protections for women’s political status, expanding
women’s participation in political parties and elections, and increasing
women’s access to leadership positions in government at the local, provincial,
and national levels.(c)Gender-Based violence(1)Of the funds appropriated under the
headings Global Health Programs, Development
Assistance, Economic Support Fund, Democracy
Fund, Middle East and North Africa Incentive Fund, and
International Narcotics Control and Law Enforcement in this Act,
not less than $150,000,000 shall be made
available, notwithstanding section 660 of the Foreign Assistance Act of 1961,
to strengthen, expand, and implement a multi-year strategy to prevent and
respond to gender-based violence in countries where it is common in conflict
and non-conflict settings, and funds appropriated under the headings
International Disaster Assistance, Transition
Initiatives, Complex Crises Fund, Migration and
Refugee Assistance, and Emergency Refugee and Migration
Assistance should be made available for such efforts.(2)Department of State and USAID gender
programs shall incorporate coordinated efforts to combat a variety of forms of
gender-based violence, including child marriage, rape, female genital cutting
and mutilation, and domestic violence, among other forms of gender-based
violence in conflict and non-conflict settings.(3)Programs and activities funded under titles
III and IV of this Act to train foreign police, judicial, and military
personnel, including for international peacekeeping operations, shall address,
where appropriate, prevention and response to gender-based violence and
trafficking in persons, notwithstanding section 660 of the Foreign Assistance
Act of 1961, and shall promote the integration of women into the police and
other security forces of their countries.(d)Strategy to implement the national action
plan(1)Of the funds appropriated under titles III
and IV (but not including funds appropriated under the headings
Development Assistance and International Disaster
Assistance) in this Act, not less than
$50,000,000 shall be made available to support a
multi-year strategy to fully implement the United States National Action Plan
on Women, Peace, and Security, including to expand, and improve coordination
of, United States Government efforts to empower women as equal partners in
conflict prevention, peace building, transitional processes, and reconstruction
efforts in countries affected by conflict or in political transitions which may
perpetuate the inequality of, and discrimination and violence against, women
and girls, and to ensure their equal access to relief and recovery
assistance.(2)The Secretary of State shall submit a
report to the Committees on Appropriations not later than 120 days after
enactment of this Act describing the strategy required in paragraph (1) and how
existing programs are being redesigned to directly and concretely implement
such strategy.(e)Funds made available by this Act for
assistance for women and girls shall be made available notwithstanding any
other provision of law:
Provided, That nothing in this
section shall be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.SECTOR
ALLOCATIONS7060.(a)Basic and higher education(1)Basic educationOf the funds appropriated by title III of
this Act, up to $800,000,000 may be made
available for assistance for basic education, including as a contribution to
the Global Partnership for Education.(2)Higher educationOf the funds appropriated by title III of
this Act, not less than $215,000,000 shall be
made available for assistance for higher education, of which
$25,000,000 shall be to support such programs in
Africa, including for partnerships between higher education institutions in
Africa and the United States.(b)Development grants programOf the funds appropriated in title III of
this Act, not less than $45,000,000 shall be
made available for the Development Grants Program established pursuant to
section 674 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law 110–161), primarily
for unsolicited proposals for activities within any sector, to support grants
of not more than $2,000,000 to small
nongovernmental organizations:
Provided, That funds made
available under this subsection are in addition to other funds available for
such purposes including funds designated by this Act by subsection (f).(c)Environment and energy(1)In generalOf the funds appropriated by this Act, not
less than $1,155,000,000 shall be made available
for environment and energy programs.(2)Clean energy programsThe limitation in section 7081(b) of
division F of Public Law 111–117 shall continue in effect during fiscal year
2013 as if part of this Act:
Provided, That the proviso
contained in such section shall not apply.(3)Adaptation programsFunds appropriated by this Act may be made
available for United States contributions to the Least Developed Countries
Fund, the Special Climate Change Fund, the Forest Carbon Partnership Facility,
the Green Climate Fund, and the Partnership for Market Readiness to support
adaptation and mitigation programs and activities.(4)Sustainable landscapes and biodiversity
programsOf the funds
appropriated under title III of this Act, not less than
$111,000,000 shall be made available for
sustainable landscapes programs and, in addition, not less than
$200,000,000 shall be made available to protect
biodiversity, including not less than $2,000,000
to implement and enforce section 8204 of Public Law 110–246, and shall not be
used to support or promote industrial scale logging in areas of tropical forest
where no such logging occured prior to the date of enactment of this Act:
Provided, That funds made
available for the Central African Regional Program for the Environment and
other tropical forest programs in the Congo Basin for the United States Fish
and Wildlife Service (USFWS) shall be apportioned directly to the
USFWS: Provided further, That
funds made available for the Department of the Interior (DOI) for programs in
the Mayan Biosphere Reserve shall be apportioned directly to the DOI: Provided further, That such funds
shall also support programs to protect great apes in Africa and Indonesia, and
other endangered species.(5)AuthorityFunds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of part II, of the
Foreign Assistance Act of 1961 may be used, notwithstanding any other provision
of law except for the provisions of this subsection and subject to the regular
notification procedures of the Committees on Appropriations, to support
programs and activities specified in this section.(6)Extraction of natural resources(A)Funds appropriated by this Act shall be
made available to promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural resources,
including by strengthening implementation and monitoring of the Extractive
Industries Transparency Initiative, implementing and enforcing section 8204 of
Public Law 110–246 and the Kimberley Process Certification Scheme, and
providing technical assistance to promote independent audit mechanisms and
support civil society participation in natural resource management.(B)(i)The Secretary of the Treasury shall inform
the managements of the international financial institutions and post on the
Department of the Treasury’s Web site that it is the policy of the United
States to vote against any assistance by such institutions (including but not
limited to any loan, credit, grant, or guarantee) for the extraction and export
of a natural resource if the government of the country has in place laws or
regulations to prevent or limit the public disclosure of company payments as
required by section 1504 of Public Law 111–203, and unless such government has
in place functioning systems in the sector in which assistance is being
considered for—(I)accurately accounting for and public
disclosure of payments to the host government by companies involved in the
extraction and export of natural resources;(II)the
independent auditing of accounts receiving such payments and public disclosure
of the findings of such audits; and(III)public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding documents, allowing
in any such dissemination or disclosure for the redaction of, or exceptions
for, information that is commercially proprietary or that would create
competitive disadvantage.(ii)The requirements of clause (i) shall not
apply to assistance for the purpose of building the capacity of such government
to meet the requirements of this subparagraph.(C)The Secretary of the Treasury or the
Secretary of State, as appropriate, shall instruct the United States executive
director of each international financial institution and the United States
representatives to all forest-related multilateral financing mechanisms and
processes to vote against industrial scale logging in areas of tropical forest
where no such logging occured prior to the date of enactment of this
Act.(D)The Secretary of the Treasury shall
instruct the executive director of each international financial institution to
vote against the construction of any coal-fired power plant that does not meet
United States Government emissions requirements for new coal-fired power
plants, and absent a thorough, independent assessment including public
consultation indicating that a mix of conservation and efficiency measures, and
renewable energy alternatives, cannot together produce comparable amounts of
electricity at comparable cost over the lifetime of the plant.(7)Continuation of prior lawSection 7081(g)(2) and (4) of division F of
Public Law 111–117 shall continue in effect during fiscal year 2013 as if part
of this Act.(d)Food security and agriculture
developmentOf the funds
appropriated by title III of this Act, not less than
$1,200,000,000 should be made available for food
security and agriculture development programs, of which
$32,000,000 shall be made available for
Collaborative Research Support Programs:
Provided, That such funds may be
made available notwithstanding any other provision of law to address food
shortages, and may be made available for a United States contribution to the
endowment of the Global Crop Diversity Trust pursuant to section 3202 of Public
Law 110–246.(e)Microenterprise and
microfinanceOf the funds
appropriated by this Act, not less than
$265,000,000 should be made available for
microenterprise and microfinance development programs for the poor, especially
women:
Provided, That notwithstanding
the requirements of sections 254 (a)(1) and (2) of the Foreign Assistance Act
of 1961, the USAID Administrator may certify, pursuant to section 254(a)(3) of
such Act, poverty assessment tools developed by an organization other than
USAID.(f)Reconciliation programs(1)Of the funds appropriated by this Act under
the headings Economic Support Fund and Development
Assistance, $26,000,000 shall be made
available to support people-to-people reconciliation programs which bring
together individuals of different ethnic, religious, and political backgrounds
from areas of civil strife and war, of which
$10,000,000 shall be made available for such
programs in the Middle East:
Provided, That the USAID
Administrator shall consult with the Committees on Appropriations, prior to the
initial obligation of funds, on the uses of such funds: Provided further, That to the maximum
extent practicable, such funds shall be matched by sources other than the
United States Government.(2)Funds appropriated by this Act under the
headings Economic Support Fund and Development
Assistance may be made available for a New Generation in the
Middle East initiative to build understanding, tolerance, and mutual
respect among the next generation of Israeli and Palestinian leaders.(g)Trafficking in personsOf the funds appropriated by this Act under
the headings Development Assistance, Economic Support
Fund, and International Narcotics Control and Law
Enforcement, not less than $39,000,000
shall be made available for activities to combat trafficking in persons
internationally.(h)Water and sanitationOf the funds appropriated by this Act, not
less than $400,000,000 shall be made available
for water and sanitation supply projects pursuant to the Senator Paul Simon
Water for the Poor Act of 2005 (Public Law 109–121).(i)Notification requirementsAuthorized deviations from funding levels
contained in this section shall be subject to the regular notification
procedures of the Committees on Appropriations.Central
asia7061.The terms and conditions of subsections (a)
through (d) of section 7075 and subsections (a) through (e) of section 7076 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111–8) shall apply to funds
appropriated by this Act, except that the Secretary of State may waive the
application of section 7076(a) for a period of not more than 6 months and every
6 months thereafter until September 30, 2014, if the Secretary certifies to the
Committees on Appropriations that the waiver is in the national security
interest and necessary to obtain access to and from Afghanistan for the United
States, and the waiver includes an assessment of progress, if any, by the
Government of Uzbekistan in meeting the requirements in section 7076(a):
Provided, That the Secretary of
State, in consultation with the Secretary of Defense, shall submit a report to
the Committees on Appropriations not later than 180 days after enactment of
this Act and 12 months thereafter, on all United States Government assistance
provided to the Government of Uzbekistan and expenditures made in support of
the Northern Distribution Network in Uzbekistan, including any credible
information that such assistance or expenditures are being diverted for corrupt
purposes:
Provided further,
That information provided in the assessment and report required by the previous
provisos shall be unclassified but may be accompanied by a classified annex and
such annex shall indicate the basis for such classification:
Provided further,
That for the purposes of the application of section 7075(c) to this Act, the
report shall be submitted not later than October 1, 2013, and for the purposes
of the application of section 7076(e) to this Act, the term
assistance shall not include expanded international military
education and training.Requests for
documents7062.None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall be available to a
nongovernmental organization, including any contractor, which fails to provide
upon timely request any document, file, or record necessary to the auditing
requirements of the United States Agency for International Development.Overseas private investment
corporation(including transfer of
funds)7063.(a)Whenever the President determines that it
is in furtherance of the purposes of the Foreign Assistance Act of 1961, up to a total
of $20,000,000 of the funds appropriated under
title III of this Act may be transferred to, and merged with, funds
appropriated by this Act for the Overseas Private Investment Corporation
Program Account, to be subject to the terms and conditions of that account:
Provided, That such funds shall
not be available for administrative expenses of the Overseas Private Investment
Corporation:
Provided further,
That designated funding levels in this Act shall not be transferred pursuant to
this section:
Provided further,
That the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.(b)Notwithstanding section 235(a)(2) of the
Foreign Assistance Act of 1961, the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect until September 30, 2013.INTERNATIONAL PRISON
CONDITIONS7064.(a)Not later than 180 days after enactment of
this Act, the Secretary of State shall submit to the Committees on
Appropriations a report, which shall also be made publicly available including
on the Department of State’s Web site, describing—(1)conditions in prisons and other detention
facilities in countries whose governments receive United States assistance and
which the Secretary determines raise serious human rights or humanitarian
concerns; and(2)the extent to which such governments are
taking steps to eliminate such conditions.(b)For purposes of each determination made
pursuant to subsection (a), the Secretary shall consider the criteria listed in
paragraphs (1) through (10) of subsection (b) of section 7085 of division F of
Public Law 111–117.(c)Of the funds appropriated under the
headings Development Assistance, Economic Support
Fund, and International Narcotics Control and Law
Enforcement in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs, not less than
$5,000,000 shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of 1961, for
assistance to eliminate such conditions:
Provided, That decisions
regarding the uses of such funds shall be the responsibility of the Assistant
Secretary of State for the Bureau of Democracy, Human Rights, and Labor, in
consultation with USAID's Assistant Administrator for the Bureau for Democracy,
Conflict, and Humanitarian Assistance, as appropriate.Prohibition on use of
torture7065.(a)None of the funds made available in this
Act may be used to support or justify the use of torture, cruel, or inhumane
treatment.(b)Funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961 shall be made available, notwithstanding
section 660 of the Foreign Assistance Act of
1961, for assistance to eliminate torture by foreign police,
military or other security forces in countries receiving assistance from funds
appropriated by this Act that are identified in the Department of State's most
recent Country Reports on Human Rights Practices.Extradition7066.(a)None of the funds appropriated in this Act
may be used to provide assistance (other than funds provided under the headings
International Narcotics Control and Law Enforcement,
Migration and Refugee Assistance, Emergency Migration and
Refugee Assistance, and Nonproliferation, Anti-terrorism,
Demining and Related Assistance) for the central government of a
country which has notified the Department of State of its refusal to extradite
to the United States any individual indicted for a criminal offense for which
the maximum penalty is life imprisonment without the possibility of parole or
for killing a law enforcement officer, as specified in a United States
extradition request.(b)Subsection (a) shall only apply to the
central government of a country with which the United States maintains
diplomatic relations and with which the United States has an extradition treaty
and the government of that country is in violation of the terms and conditions
of the treaty.(c)The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver is important to
the national interests of the United States.commercial leasing of defense
articles7067.Notwithstanding any other provision of law,
and subject to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export Control Act
may be used to provide financing to Israel, Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial suppliers, not
including Major Defense Equipment (other than helicopters and other types of
aircraft having possible civilian application), if the President determines
that there are compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.Independent states of the former soviet
union7068.(a)None of the funds appropriated by this Act
shall be made available for assistance for a government of an Independent State
of the former Soviet Union if that government directs any action in violation
of the territorial integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations included in the
Helsinki Final Act:
Provided, That such funds may be
made available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest of the
United States.(b)Funds appropriated by this Act under the
heading Economic Support Fund may be made available,
notwithstanding any other provision of law, for assistance and related programs
for the countries identified in section 3(c) of the Support for Eastern
European Democracy (SEED) Act of 1989 (Public Law 101–179) and section 3 of the
FREEDOM Support Act (Public Law 102–511) and may be used to carry out the
provisions of those Acts:
Provided, That such assistance
and related programs from funds appropriated by this Act under the headings
Global Health Programs, Economic Support Fund,
Democracy Fund, International Narcotics Control and Law
Enforcement, Nonproliferation, Anti-terrorism, Demining, and
Related Programs, International Military Education and
Training, and Foreign Military Financing Program shall
be administered in accordance with the responsibilities of the coordinator
designated pursuant to section 601 of the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101–179) and section 102 of the
FREEDOM Support Act (Public Law 102–511).(c)Section 907 of the FREEDOM Support Act
shall not apply to—(1)activities to support democracy or
assistance under title V of the FREEDOM Support Act and section 1424 of Public
Law 104–201 or non-proliferation assistance;(2)any assistance provided by the Trade and
Development Agency under section 661 of the Foreign Assistance Act of 1961 (22
U.S.C. 2421);(3)any activity carried out by a member of the
United States and Foreign Commercial Service while acting within his or her
official capacity;(4)any insurance, reinsurance, guarantee, or
other assistance provided by the Overseas Private Investment Corporation under
title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);(5)any financing provided under the
Export-Import Bank Act of 1945; or(6)humanitarian assistance.international monetary fund
7069.(a)The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of division F of Public Law 111–117 shall apply
to this Act.(b)The Secretary of the Treasury shall
instruct the United States Executive Director of the International Monetary
Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before
other private creditors.(c)The Secretary of the Treasury shall seek to
ensure that the IMF is implementing best practices for the protection of
whistleblowers from retaliation, including best practices for legal burdens of
proof, access to independent adjudicative bodies, results that eliminate the
effects of retaliation, and statutes of limitation for reporting
retaliation.Repression in the russian
federation7070.(a)None of the funds appropriated under the
heading Economic Support Fund in this Act may be made available
for the Government of the Russian Federation, after 180 days from the date of
the enactment of this Act, unless the Secretary of State certifies to the
Committees on Appropriations that the Government of the Russian
Federation—(1)has implemented no statute, Executive
order, regulation or similar government action that would discriminate, or
which has as its principal effect discrimination, against religious groups or
religious communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms to which the
Russian Federation is a party;(2)is honoring its international obligations
regarding freedom of expression, assembly, and press, as well as due
process;(3)is investigating and prosecuting law
enforcement personnel credibly alleged to have committed human rights abuses
against political leaders, activists and journalists; and(4)is immediately releasing political leaders,
activists and journalists who remain in detention.(b)The Secretary of State may waive the
requirements of subsection (a) if the Secretary determines that to do so is
important to the national interests of the United States.prohibition on first-class
travel7071.None of the funds made available in this
Act may be used for first-class travel by employees of agencies funded by this
Act in contravention of sections 301–10.122 through 301–10.124 of title 41,
Code of Federal Regulations.Disability
programs7072.(a)Of the funds appropriated by this Act under
the heading Economic Support Fund, not less than
$5,000,000 shall be made available for programs
and activities administered by USAID to address the needs and protect and
promote the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic
self-sufficiency, advocacy, education, employment, transportation, sports, and
integration of individuals with disabilities, including for the cost of
translation.(b)Funds appropriated under the heading
“Operating Expenses” in title II of this Act shall be made available to develop
and implement training for staff in overseas USAID missions to promote the full
inclusion and equal participation of people with disabilities in developing
countries.(c)Of the funds made available by this
section, up to 7 percent may be for management, oversight, and technical
support.Enterprise
funds7073.(a)Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of an Enterprise
Fund, in whole or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures of the
Committees on Appropriations, a plan for the distribution of the assets of the
Enterprise Fund.(b)Funds made available under titles III
through VI of this Act for Enterprise Funds shall be expended at the minimum
rate necessary to make timely payment for projects and activities and no such
funds may be available except through the regular notification procedures of
the Committees on Appropriations.Consular
affairs7074.The Secretary of State shall implement the
necessary steps, including hiring a sufficient number of consular officers to
include limited non-career appointment officers, in the People’s Republic of
China, Brazil, and India to reduce or maintain the wait time to interview a
visa applicant to 3 weeks after a visa application has been submitted:
Provided, That exceptions to this
standard may occur due to security considerations and to ensure adequate
provision of consular services to United States citizens.PROCUREMENT
REFORM7075.Section 7077 of division I of Public Law
112–74 shall continue in effect during fiscal year 2013:
Provided, That subsection (b)(3)
of such section is amended to read as follows—(3)either is—(A)a for-profit entity majority owned and
operated by individuals who are citizens or lawful permanent residents of;
or(B)a non-profit entity majority operated and
managed by individuals who are citizens or lawful permanent residents
of;“a country receiving assistance from
funds appropriated under title III of this
Act..Operating and spend
plans7076.(a)Operating plansNot later than 45 days after the date of
enactment of this Act, each department, agency or organization funded in titles
I and II, and the Department of the Treasury shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such department,
agency, or organization in such titles of this Act, or funds otherwise
available for obligation in fiscal year 2013, that provides details of the use
of such funds at the program, project, and activity level:
Provided, That such operating
plans shall be subject to the regular notification procedures of the Committees
on Appropriations.(b)Spend plansPrior to the initial obligation of funds,
the Secretary of State, in consultation with the USAID Administrator, shall
submit to the Committees on Appropriations a detailed spend plan for funds made
available in titles III and IV of this Act for assistance for Iraq,
Afghanistan, Pakistan, and the West Bank and Gaza, and for food security and
agriculture development programs and environment programs.(c)NotificationsThe spend plans referenced in subsection
(b) shall be subject to prior consultation with the Committees on
Appropriations and shall not be considered as meeting the notification
requirements under section 7015 of this Act or under section 634A of the
Foreign Assistance Act of 1961.special defense acquisition
fund7077.Not to exceed
$100,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the Special
Defense Acquisition Fund (Fund), to remain available for obligation until
September 30, 2016:
Provided, That the provision of
defense articles and defense services to foreign countries or international
organizations from the Fund shall be subject to the concurrence of the
Secretary of State.UNITED NATIONS POPULATION
FUND7078.(a)ContributionOf the funds made available under the
heading International Organizations and Programs in this Act for
fiscal year 2013, $44,500,000 shall be made
available for the United Nations Population Fund (UNFPA).(b)Availability of fundsFunds appropriated by this Act for UNFPA,
that are not made available for UNFPA because of the operation of any provision
of law, shall be transferred to the ‘‘Global Health Programs’’ account and
shall be made available for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of the Committees on
Appropriations.(c)Prohibition on use of funds in
ChinaNone of the funds made
available by this Act may be used by UNFPA for a country program in the
People’s Republic of China.(d)Conditions on availability of
fundsFunds made available by
this Act for UNFPA may not be made available unless—(1)UNFPA maintains funds made available by
this Act in an account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and(2)UNFPA does not fund abortions. Authorization for selective capital
increase7079.Section 70 of the Bretton Woods Agreements
Act (22 U.S.C. 286 et seq.), is amended in subsection (b) by adding at the end
the following:(3)In order to pay for the increase in the
United States subscription to the Bank under subsection (a)(1)(B), there are
authorized to be appropriated, without fiscal year limitation,
$4,639,501,466 for payment by the Secretary of
the Treasury.(4)Of the amount authorized to be appropriated
under paragraph (1)(A)(i), $278,370,088 shall be
for paid in shares of the Bank; and (ii)
$4,361,131,378 shall be for callable shares of
the
Bank..COMMUNITY DEVELOPMENT
FUNDS7080.Funds appropriated by this Act to carry out
part I of the Foreign Assistance Act of 1961 which are made available through
grants or cooperative agreements to strengthen food security in developing
countries and which are consistent with the goals of title II of the Food for
Peace Act, may be deemed to be expended on nonemergency food assistance for
purposes of section 412(e)(1) of the Food for Peace Act, 7 U.S.C.
1736f(e)(1).UNITED STATES EXPORT PROMOTION
ACTIVITIES7081.Not later than 180 days after enactment of
this Act, the Secretary of State, in consultation with the Secretary of the
Treasury, the USAID Administrator, the Secretary of Commerce, and the heads of
the Export-Import Bank of the United States, Overseas Private Investment
Corporation, United States Trade and Development Agency, and other relevant
Federal agencies, shall submit a report to the Committees on Appropriations
detailing programs and activities supported by the Department of State and such
agencies to promote exports of United States goods and services worldwide,
particularly to Africa, and a plan for improving inter-agency coordination in
efforts to—(1)increase exports of United States goods and
services;(2)align United States commercial interests
with development priorities in each region;(3)facilitate the development of relationships
between the governments of, and businesses in, other countries with United
States businesses;(4)enhance the competitiveness of United
States businesses overseas; and(5)encourage a greater understanding among
United States business and financial communities of potential markets in other
countries for United States exports. HEAVILY INDEBTED POOR COUNTRIES
AUTHORIZATION7082.Section 501(i) of title V of H.R. 3425 as
enacted into law by section 1000(a)(5) of Public Law 106–113, as amended by
section 699H(b)(1) of division J of Public Law 110–161, is further amended by
striking 2000–2010 and inserting in lieu thereof
2000–2015. FRAUD PREVENTION AND DETECTION
FEES7083.In addition to the uses permitted pursuant
to Section 286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), the Secretary of State may also use fees deposited into the
Fraud Prevention and Detection Account for programs and activities: (1) to
increase the number of personnel assigned to the function of preventing and
detecting visa fraud; and (2) to purchase, lease, construct, and staff
facilities used for the processing of the class of visas described in
subparagraphs (H)(i), (H)(ii), or (L) of section 101(a)(15) of that Act. BORDER CROSSING CARD FEE FOR
MINORS7084.Section 410(a)(1)(A) of title IV of the
Department of State and Related Agencies Appropriations Act, 1999 (contained in
division A of Public Law 105–277) is amended by striking a fee of
$13 and inserting a fee of not to
exceed half the amount of the fee that would otherwise apply for processing a
machine readable combined border crossing identification card and nonimmigrant
visa, and may be increased not more than 50 percent in a fiscal
year. BUYING POWER MAINTENANCE, INTERNATIONAL
ORGANIZATIONS7085.(a)There may be established in the Treasury of
the United States a Buying Power Maintenance, International
Organizations account.(b)At the end of each fiscal year, the
Secretary of State may transfer to and merge with Buying Power
Maintenance, International Organizations such amounts from
Contributions to International Organizations as the Secretary
determines are in excess of the needs of activities funded from
Contributions to International Organizations because of
fluctuations in foreign currency exchange rates.(c)In order to offset adverse fluctuations in
foreign currency exchange rates, the Secretary of State may transfer to and
merge with Contributions to International Organizations such
amounts from Buying Power Maintenance, International
Organizations as the Secretary determines are necessary to provide for
the activities funded from Contributions to International
Organizations.(d)(1)Subject to the limitations contained in
this section, not later than the end of the fifth fiscal year after the fiscal
year for which funds are appropriated or otherwise made available for
Contributions to International Organizations, the Secretary of
State may transfer any unobligated balance of such funds to the Buying
Power Maintenance, International Organizations account.(2)The balance of the Buying Power
Maintenance, International Organizations account may not exceed
$50,000,000 as a result of any transfer under
this subsection.(3)Any transfer pursuant to this subsection
shall be treated as a reprogramming of funds under section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706) and shall be
available for obligation or expenditure only in accordance with the procedures
under such section.(e)(1)Funds transferred to the Buying
Power Maintenance, International Organizations account pursuant to this
section shall remain available until expended.(2)The transfer authorities in this section
shall be available for funds appropriated for fiscal year 2013 and for each
fiscal year thereafter, and are in addition to any transfer authority otherwise
available to the Department of State under other provisions of law. DEPARTMENT OF STATE ORGANIZATION
7086.The Secretary of State may transfer any
authority, duty, or function assigned by statute to the Coordinator for
Counterterrorism, the Coordinator for Reconstruction and Stabilization, or the
Coordinator for International Energy Affairs (or to their respective offices)
to such other officials or offices of the Department of State as the Secretary
may determine from time to time. HIV/AIDS WORKING CAPITAL
FUND7087.Funds available in the HIV/AIDS Working
Capital Fund (in this section referred to as the Fund)
established pursuant to section 525(b)(1) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2005 (Public Law 108–477)
may be made available for pharmaceuticals and other products for other global
health and child survival activities to the same extent as HIV/AIDS
pharmaceuticals and other products, subject to the terms and conditions in such
section:
Provided, That the authority in
section 525(b)(5) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2005 (Public Law 108–477) shall not be exercised
by the Coordinator of the United States Activities to Combat HIV/AIDS Globally
with respect to funds deposited for non-HIV/AIDS pharmaceuticals and other
products. WORKING CAPITAL
FUND7088.(a)The USAID Administrator (the Administrator)
is authorized to establish a Working Capital Fund (in this section referred to
as the Fund).(b)Funds deposited in the Fund during any
fiscal year shall be available without fiscal year limitation and used, in
addition to other funds available for such purposes, for agency procurement
reform efforts and related administrative costs:
Provided, That such expenses may
include—(1)personal and non-personal services;(2)training;(3)supplies; and(4)other administrative costs related to the
implementation of procurement reform and management of the Fund.(c)There may be deposited during any fiscal
year in the Fund up to 1 percent of the total value of obligations entered into
by USAID from appropriations available to USAID and any appropriation made
available for the purpose of providing capital:
Provided, That receipts from the
disposal of, or repayments for the loss or damage to, property held in the
Fund, rebates, reimbursements, refunds and other credits applicable to the
operation of the Fund may be deposited into the Fund.(d)Not later than 45 days after enactment of
this Act and any subsequent Act making appropriations for the Department of
State, foreign operations, and related programs, the Administrator shall submit
to the Committees on Appropriations an operating plan for funds deposited in
the Fund, which shall include the percentage to be charged for the current
fiscal year.(e)At the close of fiscal year 2013 and at the
close of each fiscal year thereafter, the Administrator shall determine the
amounts in excess of the needs of the Fund for that fiscal year and shall
transfer out of the Fund any excess amounts to any of the original
appropriation accounts from which deposits were made:
Provided, That such transferred
funds shall remain available without fiscal year limitation: Provided further, That the
Administrator shall report to the Committees on Appropriation the excess
amounts and to which appropriation accounts the excess funds will be
transferred: Provided further,
That such transfers shall be subject to the regular notification procedures of
the Committees on Appropriations.Pilot Programs in
Africa7089.(a)Of the funds appropriated by this Act under
the headings Global Health Programs and Development
Assistance, not less than $15,000,000
shall be made available for a pilot program to address health and development
challenges in Africa and increased economic engagement opportunities with the
United States.(b)Of the funds appropriated by this Act under
the headings Economic Support Fund and International
Narcotics Control and Law Enforcement, not less than
$10,000,000 shall be made available for a pilot
program to address security challenges in Africa.(c)Funds made available under subsections (a)
and (b) shall be programmed in a manner that leverages a government-wide
approach to addressing shared challenges and mutually beneficial opportunities,
and shall be the responsibility of United States Chiefs of Mission in countries
in Africa seeking enhanced partnerships with the United States in the areas of
trade, investment, development, health, and security: Provided further, That funds made
available under this section shall be matched to the maximum extent practicable
by sources other than the United States Government: Provided further, That the Secretary
of State shall consult with the Committees on Appropriations prior to the
obligation of funds.(d)Up to 7 percent of the funds made available
by subsections (a) and (b) respectively, may be made available, in addition to
funds otherwise available for such purposes, for the administrative costs of
the Department of State and USAID incurred in implementing the pilot programs
established by this section.Consular Notification
Compliance7090.(a)Petition for Review(1)JurisdictionNotwithstanding any other provision of law,
a Federal court shall have jurisdiction to review the merits of a petition
claiming a violation of Article 36(1)(b) or (c) of the Vienna Convention on
Consular Relations, done at Vienna April 24, 1963, or a comparable provision of
a bilateral international agreement addressing consular notification and
access, filed by an individual convicted and sentenced to death by any Federal
or State court before the date of enactment of this Act.(2)StandardTo obtain relief, an individual described
in paragraph (1) shall make a showing of actual prejudice to the criminal
conviction or sentence as a result of the violation. The court may conduct an
evidentiary hearing if necessary to supplement the record and, upon a finding
of actual prejudice, shall order a new trial or sentencing proceeding.(3)Limitations(A)Initial showingTo qualify for review under this
subsection, a petition must make an initial showing that—(i)a violation of Article 36(1)(b) or (c) of
the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or
a comparable provision of a bilateral international agreement addressing
consular notification and access, occurred with respect to the individual
described in paragraph (1); and(ii)if such violation had not occurred, the
consulate would have provided assistance to the individual.(B)Effect of prior adjudicationA petition for review under this subsection
shall not be granted if the claimed violation described in paragraph (1) has
previously been adjudicated on the merits by a Federal or State court of
competent jurisdiction in a post-conviction proceeding in which no Federal or
State procedural bars were raised with respect to such violation and in which
the court provided review equivalent to the review provided in this subsection,
unless the adjudication of the claim resulted in a decision that was based on
an unreasonable determination of the facts in light of the evidence presented
in the prior Federal or State court proceeding.(C)Filing deadlineA petition for review under this subsection
shall be filed within 1 year of the later of—(i)the date of enactment of this Act;(ii)the date on which the Federal or State
court judgment against the individual described in paragraph (1) became final
by the conclusion of direct review or the expiration of the time for seeking
such review; or(iii)the date on which the impediment to filing
a petition created by Federal or State action in violation of the Constitution
or laws of the United States is removed, if the individual described in
paragraph (1) was prevented from filing by such Federal or State action.(D)TollingThe time during which a properly filed
application for State post-conviction or other collateral review with respect
to the pertinent judgment or claim is pending shall not be counted toward the
1-year period of limitation.(E)Time limit for reviewA Federal court shall give priority to a
petition for review filed under this subsection over all noncapital matters.
With respect to a petition for review filed under this subsection and claiming
only a violation described in paragraph (1), a Federal court shall render a
final determination and enter a final judgment not later than one year after
the date on which the petition is filed.(4)Habeas petitionA petition for review under this subsection
shall be part of the first Federal habeas corpus application or motion for
Federal collateral relief under chapter 153 of title 28, United States Code,
filed by an individual, except that if an individual filed a Federal habeas
corpus application or motion for Federal collateral relief before the date of
enactment of this Act or if such application is required to be filed before the
date that is 1 year after the date of enactment of this Act, such petition for
review under this subsection shall be filed not later than 1 year after the
enactment date or within the period prescribed by paragraph (3)(C)(iii),
whichever is later. No petition filed in conformity with the requirements of
the preceding sentence shall be considered a second or successive habeas corpus
application or subjected to any bars to relief based on pre-enactment
proceedings other than as specified in paragraph (2).(5)Referral to magistrateA Federal court acting under this
subsection may refer the petition for review to a Federal magistrate for
proposed findings and recommendations pursuant to 28 U.S.C.
§636(b)(1)(B).(6)Appeal(A)In generalA final order on a petition for review
under paragraph (1) shall be subject to review on appeal by the court of
appeals for the circuit in which the proceeding is held.(B)Appeal by petitionerAn individual described in paragraph (1)
may appeal a final order on a petition for review under paragraph (1) only if a
district or circuit judge issues a certificate of appealability. A district
judge or circuit judge may issue a certificate of appealability under this
subparagraph if the individual has made a substantial showing of actual
prejudice to the criminal conviction or sentence of the individual as a result
of a violation described in paragraph (1).(b)Violation(1)In generalAn individual not covered by subsection (a)
who is arrested, detained, or held for trial on a charge that would expose the
individual to a capital sentence if convicted may raise a claim of a violation
of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done
at Vienna April 24, 1963, or of a comparable provision of a bilateral
international agreement addressing consular notification and access, at a
reasonable time after the individual becomes aware of the violation, before the
court with jurisdiction over the charge. Upon a finding of such a
violation—(A)the consulate of the foreign state of which
the individual is a national shall be notified immediately by the detaining
authority, and consular access to the individual shall be afforded in
accordance with the provisions of the Vienna Convention on Consular Relations,
done at Vienna April 24, 1963, or the comparable provisions of a bilateral
international agreement addressing consular notification and access; and(B)the court—(i)shall postpone any proceedings to the
extent the court determines necessary to allow for adequate opportunity for
consular access and assistance; and(ii)may enter necessary orders to facilitate
consular access and assistance.(2)Evidentiary hearingsThe court may conduct evidentiary hearings
if necessary to resolve factual issues.(3)Rule of constructionNothing in this subsection shall be
construed to create any additional remedy.(c)DefinitionsIn this section—(1)the term national of the United
States has the meaning given that term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and(2)the term State means any State
of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.EDUCATION
FOUNDATION7091.(a)Grants AuthorizedThe Secretary of State may award one or
more grants, using a transparent and competitive selection process, to the
Vietnam Education Foundation, United States accredited institutions of higher
education, or not-for-profit organizations engaged in promoting institutional
innovation in Vietnamese higher education:
Provided, That grant funds
awarded under this subsection shall be used to support the establishment of one
or more independent, not-for-profit academic institutions in Vietnam, which
meet standards comparable to those required for accreditation in the United
States under section 101(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)(5)), with graduate level programs in public policy, management, and
related fields, that support the equitable and sustainable socioeconomic
development of Vietnam, feature teaching and research components, promote the
development of institutional capacity and innovation in Vietnam, operate
according to core principles of good governance, are autonomous from the
Government of Vietnam, and reflect the participation and support, including
financial support, of local and international stakeholders: Provided further, That each entity
desiring a grant under this subsection shall submit an application to the
Secretary of State at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require: Provided further, That the Secretary
may use amounts from the Vietnam Debt Repayment Fund made available under
section 207(c) of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452
note) for grants authorized under this subsection and for carrying out the
functions transferred to the Department of State pursuant to subsection
(b): Provided further, That
the Secretary shall submit an annual report to the Committees on Appropriations
that summarizes the activities carried out under this subsection during the
most recent fiscal year.(b)Transfer of Functions and
AssetsAll functions and
assets of the Vietnam Education Foundation, as of the day before the date of
the enactment of this Act, are transferred to the Department of State.(c)Use of FundsIn addition to the purpose set forth in
paragraph (2) of section 207(c) of the Vietnam Education Foundation Act of 2000
(22 U.S.C. 2452 note), during each of the fiscal years 2012 through 2018, the
amounts deposited into the Vietnam Debt Repayment Fund pursuant to paragraph
(1) of such section shall be made available by the Secretary of the Treasury,
upon the request of the Secretary of State, to the Department of State for the
purposes of carrying out this section.Assistance for foreign nongovernmental
organizations7092.Part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 104C the
following new section:104D.Eligibility for AssistanceNotwithstanding any other provision of law,
regulation, or policy, in determining eligibility for assistance authorized
under sections 104, 104A, 104B, and 104C—(1)a foreign nongovernmental organization
shall not be ineligible for such assistance solely on the basis of health or
medical services, including counseling and referral services, provided by such
organization with non-United States Government funds if such services are
permitted in the country in which they are being provided and would not violate
United States law if provided in the United States; and(2)a foreign nongovernmental organization
shall not be subject to requirements relating to the use of non-United States
Government funds for advocacy and lobbying activities other than those that
apply to United States nongovernmental organizations receiving assistance under
this
part.. Use of funds in contravention of this
act7093.If the executive branch makes a
determination not to comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the basis for
such determination and any resulting changes to program and policy.VIIIOVERSEAS CONTINGENCY OPERATIONSDEPARTMENT OF
STATEAdministration of foreign affairs
DIPLOMATIC AND CONSULAR
PROGRAMS(including transfer of
funds)For an additional amount for
Diplomatic and Consular Programs,
$1,426,000,000, to remain available until
September 30, 2014, of which $651,000,000 is for
Worldwide Security Protection and shall remain available until expended:
Provided, That the Secretary of
State may transfer up to $100,000,000 of the
total funds made available under this heading to any other appropriation of any
department or agency of the United States, upon the concurrence of the head of
such department or agency, to support operations in and assistance for
Afghanistan and to carry out the provisions of the Foreign Assistance Act of
1961:
Provided further,
That any such transfer shall be treated as a reprogramming of funds under
subsections (a) and (b) of section 7015 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set
forth in that section:
Provided further, That
of the funds appropriated under this heading, not more than
$1,071,513,000 may be made available for
Department of State operations in Afghanistan, not more than
$154,487,000 may be made available for such
operations in Pakistan, and not more than
$200,000,000 may be made available for such
operations in Iraq:
Provided further, That
of the funds appropriated under this heading for operations and security
programs in Afghanistan, 15 percent shall be withheld from obligation until the
Secretary of State, in consultation with the Secretary of Defense and USAID
Administrator, submits to the Committees on Appropriations the report on
Afghanistan required under this heading in the report accompanying this Act:
Provided further, That
such amount is designated by the Congress for Overseas Contingency Operations
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.OFFICE OF INSPECTOR GENERALFor an additional amount for Office
of Inspector General, $55,900,000, to
remain available until September 30, 2014, of which
$6,000,000 shall be for the Special Inspector
General for Iraq Reconstruction (SIGIR) for reconstruction oversight, and
$49,900,000 shall be for the Special Inspector
General for Afghanistan Reconstruction (SIGAR) for reconstruction oversight:
Provided, That the unobligated
balances available for SIGIR under this heading remaining on March 24, 2013,
shall be made available for SIGAR for Iraq-related reconstruction oversight
carried out pursuant to the two subsequent provisos:
Provided further, That
on March 24, 2013, all investigative functions and related personnel of SIGIR
(including attorneys and related support personnel detailed to the Department
of Justice) shall be transferred to SIGAR, who shall thereafter exercise the
authorities related to criminal investigations granted by law to SIGIR,
notwithstanding any other provision of law, until March 31, 2014:
Provided further, That
the activities carried out by such investigative and support personnel and
attorneys shall continue without interruption, and shall be supervised only by
SIGAR, notwithstanding any other provision of law:
Provided further, That
on March 30, 2013, the Office of the Special Inspector General for Iraq
Reconstruction shall be abolished:
Provided further, That
such amount is designated by the Congress for Overseas Contingency Operations
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.INTERNATIONAL
ORGANIZATIONSCONTRIBUTIONS TO INTERNATIONAL
ORGANIZATIONSFor an
additional amount for Contributions to International
Organizations, $101,300,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced budget and Emergency Deficit Control Act
of 1985.UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT Funds appropriated to the
PresidentOPERATING EXPENSESFor an additional amount for
Operating Expenses, $109,800,000,
to remain available until September 30, 2014, of which not more than
$63,800,000 may be made available for USAID
operations in Afghanistan, not more than
$5,000,000 may be made available for such
operations in Pakistan, and not more than
$41,000,000 may be made available for such
operations in Iraq:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.BILATERAL ECONOMIC
ASSISTANCEFunds appropriated to the
PresidentECONOMIC SUPPORT FUNDFor an additional amount for Economic
Support Fund, $600,000,000, to remain
available until September 30, 2014, of which not more than
$450,000,000 may be made available for
assistance for Afghanistan, not more than
$100,000,000 may be made available for
assistance for Pakistan, and not more than
$50,000,000 may be made available for assistance
for Iraq:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.GENERAL
PROVISIONSAdditional
appropriations8001.Notwithstanding any other provision of law,
funds appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2013.EXTENSION OF AUTHORITIES AND
CONDITIONS8002.Unless otherwise provided for in this Act,
the additional amounts appropriated by this title to appropriations accounts in
this Act shall be available under the authorities and conditions applicable to
such appropriations accounts.TRANSFER AUTHORITY FOR
OPERATIONS8003.Funds appropriated by this title under the
headings Diplomatic and Consular Programs, Office of
Inspector General, and Operating Expenses may be
transferred to, and merged with, funds appropriated by this title under such
headings:
Provided, That such transfers
shall be subject to the regular notification procedures of the Committees on
Appropriations: Provided
further, That the transfer authority in this section is in
addition to any transfer authority otherwise available under any other
provision of law.This Act may be cited as the
Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2013.May 24, 2012Read twice and placed on
the calendar